The Missouri Court of Appeals recently ruled that the frozen embryos of a divorced St. Louis couple are not humans, but just property. St. Louis divorce lawyers are all over this case discussing the ramifications and the best in this business is The Behrens Law Firm, LLC. The Behrens Law Firm, LLC knows how to win cases and they can win cases a variety of ways.
Furthermore, this couple had stored the embryos nine years ago, and according to the appellate court’s ruling neither can use them without the consent of the other. In other words, the divorced couple have received joint child custody, but instead of an actual human child, it is just an embryo.
Jalesia McQueen, 44, and Justin Gadberry, 34, are the St. Louis couple in question, and their two kids are the result of vitro fertilization. Currently, they are fighting over the two remaining embryos that they froze in 2007. St. Louis, MO child custody lawyers are flabbergasted by this case.
Well at least they are fighting without actually these children being allowed to hear these ridiculous arguments and two grown adults descend into illogical chaos. But they do have other children so this is a sad case and situation.
According to the St. Louis Post-Dispatch, the appeals Judge Robert Clayton III awarded the joint custody and stated, “subjects neither party to any unwarranted governmental intrusion but leaves the intimate decision of whether to potentially have more children to the parties alone”.
Why would someone want to have a child with someone who does seem to care for them that much? What is McQueen going to tell the child years from now if she has it? That your father really did not want to have you and I had to use the courts just to conceive you? That is an odd tale and story to have to inform a child.
This appellate court ruling is in line with the St. Louis County Circuit Court that categorized the embryos as “marital property of a special character” instead of humans. St. Louis divorce attorneys are amazed about this entire situation. Both McQueen and Gadberry had signed an agreement that stated that if they got divorced, the embryos would go to McQueen.
It is terrible that two adults feud like this in public and chose to make a mistake of this caliber. They obviously should not have frozen these eggs, well, at least Gadberry should not have agreed to this.
However, the couple took the case to the court with Missouri divorce lawyers because while Jalesia wants to use the embryos to bear more children, Justin is of the opinion that he has a right to not have any more kids with her.
Gadberry’s Missouri divorce lawyer was extremely happy with the ruling and said, “The court recognized that to require Justin to have children with his ex-wife against his wishes would violate his fundamental constitutional rights. I think today’s ruling is a victory for individuals against unjustified government intrusion. We don’t want the government telling when to have children or whether to have children”.
This is what North Korea does and they are building a nuclear weapon to blow up an American west coast city while President Obama plays golf but this is another topic.
The Missouri Court of Appeals states that its only job was to decide whether embryos are considered children according to the Missouri divorce laws. McQueen’s wish of treating the embryos as life was at odds with Gadberry’s right to privacy. The appellate court is of the opinion that McQueen lacked evidence that the pre-divorce agreement was enforceable because frozen embryos are “not easily susceptible to a just division”.
Jalesia McQueen definitely plans to appeal this decision and said, “It’s my offspring. It’s part of me, and what right do the judges or the government have to tell me I cannot have them?” St. Louis, MO child custody lawyers are probably not willing to bet on how this case is going to result. This case has seen many twist and turns.
That is fine McQueen but it does not seem like this child is going to have a father since the father does not want to raise any more children with you. Anyone planning on having a child needs to figure out whether or not they have the financial resources to raise the child.
If you are thinking about separating from your partner or applying for child custody in St. Louis, get in touch with a Missouri divorce lawyer as soon as possible and this should be from The Behrens Law Firm, LLC. The Behrens Law Firm, LLC has the Midas touch!