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

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

  1. DFWRocket

    DFWRocket Member

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    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.
     
  2. rhadamanthus

    rhadamanthus Contributing Member

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    That's ****ed up.
     
  3. glynch

    glynch Contributing Member

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    Hopefully he got a green card out of it.
     
  4. pirc1

    pirc1 Contributing Member

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    Yup, some judges have noodles for brain.
     
  5. RocketRaccoon

    RocketRaccoon Contributing Member

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  6. JuanValdez

    JuanValdez Contributing Member

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    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.
     
  7. Cohete Rojo

    Cohete Rojo Contributing Member

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    And if it were the other way around and the woman got an abortion could the man sue for damages?
     
  8. krosfyah

    krosfyah Contributing Member

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    It's about supporting the children ...not about 'punishing' the father.

    The babies don't care when they screaming for milk.
     
  9. DFWRocket

    DFWRocket Member

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    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?
     
  10. JuanValdez

    JuanValdez Contributing Member

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    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.
     
  11. rocketsjudoka

    rocketsjudoka Contributing Member

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    "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.
     
  12. Rocket River

    Rocket River Member

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    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?
     
  13. DFWRocket

    DFWRocket Member

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    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.
     
  14. rocketsjudoka

    rocketsjudoka Contributing Member

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    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.
     
  15. JuanValdez

    JuanValdez Contributing Member

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    For the court to consider it, wouldn't they need some sort of blackmail conviction? He's accusing the woman of a crime.
     
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