1. Welcome! Please take a few seconds to create your free account to post threads, make some friends, remove a few ads while surfing and much more. ClutchFans has been bringing fans together to talk Houston Sports since 1996. Join us!

Husband must pay Childcare for babies conceived thru In Vitro AFTER seperation

Discussion in 'BBS Hangout: Debate & Discussion' started by DFWRocket, Mar 28, 2012.

Tags:
  1. DFWRocket

    DFWRocket Member

    Joined:
    Mar 21, 2000
    Messages:
    4,484
    Likes Received:
    2,016
    Wow, if this was under duress - can't believe the courts sided with her.

    http://www.cnn.com/2012/03/07/us/massachusetts-husband-childcare/index.html?iref=obnetwork

    A Nigerian immigrant is responsible for paying child support for twins conceived through in vitro fertilization with his wife -- even though the procedure took place at least a year after the couple had separated, Massachusetts' highest appeals court has ruled.
    The court said Tuesday that because the husband, Chukwudera B. Okoli, had originally consented to the artificial insemination procedure, he is now responsible for the payments as the twins' legal and biological parent, according to court documents.
    Okoli had argued that the agreement should be void because he had consented under duress.
    He said his ex-wife, Blessing, threatened to obstruct his U.S. citizenship application if he did not consent, the documents said.
    The two were married in Boston in 1991 and tried unsuccessfully to have children. They were eventually placed on a waiting list for donor eggs to pair with sperm that Okoli had donated.
    Though they separated in 2000, donor eggs became available in November of the following year. Blessing Okoli then acquired the husband's consent to begin the in vitro procedure at a fertility clinic in Boston.
    Their twins were born May 12, 2003.

    Court documents did not indicate Okoli's current immigration status.
     
    #1 DFWRocket, Mar 28, 2012
  2. rhadamanthus

    rhadamanthus Contributing Member

    Joined:
    Nov 20, 2002
    Messages:
    14,304
    Likes Received:
    596
    That's ****ed up.
     
    #2 rhadamanthus, Mar 28, 2012
  3. glynch

    glynch Contributing Member

    Joined:
    Dec 1, 2000
    Messages:
    17,786
    Likes Received:
    3,394
    Hopefully he got a green card out of it.
     
    #3 glynch, Mar 28, 2012
  4. pirc1

    pirc1 Contributing Member

    Joined:
    Dec 9, 2002
    Messages:
    13,971
    Likes Received:
    1,701
    Yup, some judges have noodles for brain.
     
    #4 pirc1, Mar 28, 2012
  5. RocketRaccoon

    RocketRaccoon Contributing Member

    Joined:
    Aug 13, 2001
    Messages:
    3,851
    Likes Received:
    163
    s.m.h
     
    #5 RocketRaccoon, Mar 28, 2012
  6. JuanValdez

    JuanValdez Contributing Member

    Joined:
    Feb 14, 1999
    Messages:
    34,106
    Likes Received:
    13,486
    He consented to the fertilization after their separation. Maybe it was under duress, but the courts put the well-being of the child as the top priority, so I wouldn't really expect them to decide otherwise. Maybe they could charge the woman separately or he could sue her separately for the blackmail, but for the matter of providing financial support for his children, I don't have any problem with the decision.

    I found the question of duress and pregnancy interesting though. Men become fathers with women who say they are on the pill but aren't, or by accident when a condom breaks, or have their fatherhood nixed by women having abortions without their input, and myriad other messed-up situations. Even under duress, this man had more control over his progeny than many others.
     
    #6 JuanValdez, Mar 28, 2012
  7. Cohete Rojo

    Cohete Rojo Contributing Member

    Joined:
    Oct 29, 2009
    Messages:
    10,344
    Likes Received:
    1,203
    And if it were the other way around and the woman got an abortion could the man sue for damages?
     
    #7 Cohete Rojo, Mar 28, 2012
  8. krosfyah

    krosfyah Contributing Member

    Joined:
    Aug 7, 2001
    Messages:
    7,435
    Likes Received:
    1,095
    It's about supporting the children ...not about 'punishing' the father.

    The babies don't care when they screaming for milk.
     
    #8 krosfyah, Mar 28, 2012
  9. DFWRocket

    DFWRocket Member

    Joined:
    Mar 21, 2000
    Messages:
    4,484
    Likes Received:
    2,016
    so if a man is raped by a woman (sounds funny, but its happened before) at gunpoint..the man is should be obligated to pay child support if she has a child as a result?
     
    #9 DFWRocket, Mar 29, 2012
  10. JuanValdez

    JuanValdez Contributing Member

    Joined:
    Feb 14, 1999
    Messages:
    34,106
    Likes Received:
    13,486
    For a court to recognize that there should be any hesitation about child support, they would have to recognize that a rape occured. For the court to recognize that a rape occured would mean that the woman is in prison, doesn't have custody of the child and not able to receive child support. Maybe some third party, like the woman's mother, would gain custody and then ask for child support from the rape victim. When this happens some day, it should make for a pretty salacious court case. But, I doubt it has yet happened in this country's history.
     
    #10 JuanValdez, Mar 29, 2012
  11. rocketsjudoka

    rocketsjudoka Contributing Member
    Supporting Member

    Joined:
    Jul 24, 2007
    Messages:
    53,910
    Likes Received:
    41,868
    "Consent" is the key here. If he didn't want kids he shouldn't have agreed to donate his sperm. As for duress I am not sure an immigration claim would void his consent.
     
    #11 rocketsjudoka, Mar 29, 2012
  12. Rocket River

    Rocket River Member

    Joined:
    Oct 5, 1999
    Messages:
    61,453
    Likes Received:
    28,934
    yea. . . when they are torn to bits inside the womb . .. .well that is just a bit different

    In our system
    In reproductive Rights
    The Levels of Caring are
    1. The Woman - The cares about her the most and far more than the other two involved
    .
    .
    .
    .
    2. The Baby
    and Lastly
    3. The Father

    Rocket River
    Caring about the baby is just leverage to use against the father.
    If they care so much about the baby . . . abortion would not be legal
    BTW - Why do mothers not pay child support to the kids they give up for adoption?
     
    #12 Rocket River, Mar 29, 2012
  13. DFWRocket

    DFWRocket Member

    Joined:
    Mar 21, 2000
    Messages:
    4,484
    Likes Received:
    2,016
    there is a difference between "consent" and "consent under duress". If it was truly under duress, then then he shouldn't legally be held accountable by the courts.
     
    #13 DFWRocket, Mar 29, 2012
  14. rocketsjudoka

    rocketsjudoka Contributing Member
    Supporting Member

    Joined:
    Jul 24, 2007
    Messages:
    53,910
    Likes Received:
    41,868
    I would need to hear more about what "duress" specifically he was under. I am not an expert on immigration law but if he had been here for awhile even if his ex wasn't going to sponsor him he still had over avenues for staying legally here.

    If she was holding a knife to him and forcing him to give up his seed that would be a different matter but it doesn't sound like that.
     
    #14 rocketsjudoka, Mar 30, 2012
  15. JuanValdez

    JuanValdez Contributing Member

    Joined:
    Feb 14, 1999
    Messages:
    34,106
    Likes Received:
    13,486
    For the court to consider it, wouldn't they need some sort of blackmail conviction? He's accusing the woman of a crime.
     
    #15 JuanValdez, Mar 30, 2012
(You must log in or sign up to post here.)

Share This Page

Toggle Width
Style
ClutchFans Original

  • About ClutchFans

    Since 1996, ClutchFans has been loud and proud covering the Houston Rockets, helping set an industry standard for team fan sites. The forums have been a home for Houston sports fans as well as basketball fanatics around the globe.

  • Rockets Content

  • Support ClutchFans!

    If you find that ClutchFans is a valuable resource for you, please consider becoming a Supporting Member. Supporting Members can upload photos and attachments directly to their posts, customize their user title and more. Gold Supporters see zero ads!


    Upgrade Now