By Lisa Marie Vari of Lisa Marie Vari & Associates, P.C. posted in Divorce on Tuesday, July 22, 2014.
An interesting topic that comes up in the Pennsylvania family law legal community from time to time is fertility and divorce.
Say you were married for 15 years, from the age of 25 to 40, and you are faced with divorce. Say you also never had any children during this time. What can you ask for now, regarding the fact that your prime fertility years are gone. Would it be too outlandish to ask for financial support pending fertility treatment? Can a male ask for a reverse vasectomy in order to become fertile again? There is no case law or statutory law that speaks to these questions specifically. Historically, individuals have asked for various things such as plastic surgery and compensation for academic endeavors. The courts however, are tentative to grant such requests. The party asking for such requests must present an extremely compelling reason, however getting something like this granted is truly a shot in the dark.
Another interesting fertility related question in divorce is pre-embryos. More and more, this is becoming a contract dispute, rather than family law issue. However, the courts are commonly faced with issues like this. Each case differs from the next, so the courts fall on varying sides with issues like this. It is advisable to always create a contract that covers future issues when dealing with pre-embryos.
If you have an issue with fertility and are dealing with divorce, please contact our Pennsylvania Divorce Attorneys today!
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