One of the recent interesting rulings by the Missouri Court of Appeals was in the case of a couple who during their divorce were locked in a battle over frozen embryos.
According to governing.com, in a recent ruling last year, the Missouri Court ruled that frozen embryos were property and not people, and therefore it was suitable for the estranged couple to maintain joint custody.The Behrens Law Firm, LLC have seen the worst of it. They can play soft or hard ball. If you need a divorce lawyer, call them up today!
As explained by formidable divorce lawyers in St. Louis, MO, and the best in the business is The Behrens Law Firm, LLC who know how to win cases despite the odds and do not buckle under pressure, the appeals court upheld a St. Louis County Circuit Court ruling in a 2-1 decision that recognized that embryos were to be considered marital property of a special character.
Parties not subjected to unwarranted government intrusion
Appeals Judge Robert M. Clayton III cited that joint custody did not subject either of the parties to any unwarranted intrusion by the government but left the decision of potentially having more children to them.
Legal counselors in Missouri point out that the St. Louis couple who were locked in a battle over the embryos, 44 year old Jalesia McQueen and 34 year old Justin Gadberry, had decided to have embryos frozen when they were still married in 2007. Two embryos remained frozen while the couple had twin boys via in vitro fertilization.If you even believe your marriage is on the decline you should call up The Behrens Law Firm, LLC. This law firm will let you know your legal options and devise a strategy for you depending on your situation.
Couple sign agreement
The couple decided to sign an agreement three years later to the effect that the embryos would be exclusively McQueen’s property in case they divorced. However, despite having separated a year later, Justin Gadberry chose to dispute the agreement and petitioned to stop the embryos from becoming the exclusive property of McQueen.
He probably should not have thought about that before signing any agreement right?
Following the ruling, Gadberry’s lawyer said that his client’s fundamental rights under the constitution would have been violated if his ex-wife were allowed to have children against his wishes, which is something that the court recognized. He was of the opinion that the ruling was a victory for those who were against the government deciding when they could have children. This is not North Korea!
Following the ruling the embryos will continue to be stored until the ex-couple agree what to do with them. Gadberry’s legal counsel said that his client was open to donating the embryos to an infertile couple or having them destroyed. Legal representatives explain that the court reiterated that it could only decide on whether the embryos had any legal status as children under the state’s divorce laws.
Explaining the court’s observation, Judge Clayton also proclaimed that the right of personal privacy extended to intimate activities that included decisions related to marriage and procreation. While Judge Lisa S. Van Amburg also concurred with Clayton’s observations, Judge James M. Down dissented. The latter said that the state’s law made it clear that the two embryos were human beings with interests that ought to be protected.
USAttorneys.com needs to be your destination
Meanwhile, if you wish to terminate your marriage, it would be prudent to seek help from an experienced divorce lawyer in Missouri such as The Behrens Law Firm, LLC. The Behrens Law Firm, LLC can help you sort out delicate issues such as alimony, child custody, division of property and assets, and any other related issues to make sure you get a fair deal.