Equitable Distribution: Re: The Sperm and The Egg
The next dilemma


A client of mine recently told me that his soon to be ex wife asked him to deposit some of his sperm in a bank for future use as part of their divorce settlement. My client asked me my views on the matter. After I got up off the floor, I realized that my client was serious and proceeded to inform him of all the legal responsibilities he would have as well as the obvious moral ones in being the biological father of a brought into this world. Though this was the first time I had encountered such an issue, I can certainly see this as something which may come up more and more. Couples get married later, they leave childbearing for later, and if the marriage doesn't work out, they are left older and still childless. This type of request may not be as far fetched as I at first imagined. In my client's case, he said his wife wasn't interested in child support and didn't want him to have any parental involvement with the child, however, we all know that firstly, one can change their mind about such things and secondly, the courts have repeatedly held that child support is always an open issue as is visitation. There is no such thing as a permanent waiver of these two issues in the justice system.
Why not a sperm bank? I asked my client? He indicated that his wife liked his physical attributes. Why would this issue be gender neutral however? With the likely advances in science a woman's eggs may also be up for grabs in this world of reproductive equitable distribution. As a matrimonial attorney there are certain areas I tend to stay clear of. One such area is custody and visitation of pets. I for one refuse to address that issue in any agreement. I think the issue of reproductive freedom is of greater importance to me than trying to negotiate future parenthood. Especially when their are other ways in which parenthood can be obtained other than "blackmail" or "negotiation,"