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Potential unmarried child custody issues with unborn children

People in Texas who have had a serious relationship without marriage and make the decision to separate may still have property to divide and unmarried child custody issues to work through. The emotional difficulty associated with custody arrangements and legal confusion for resolving unmarried property division can leave a person with many questions. When fertilized frozen embryos made by both parties are part of the situation, some people can find it difficult to navigate through the process without professional help. Potential unmarried child custody issues with unborn children could be a reality for a man facing the difficult dilemma of frozen fertilized embryos made with a past girlfriend.

Unique relationships that involve potential pregnancies of unborn children can be confusing for people trying to break up. Reproductive science has provided availability for any couple to attempt to create a child to be preserved and implanted at a later date. One couple made that decision, but prior to the embryos being used, they ended the relationship. Lacking fertility due to medical issues, the woman has fought for the right to use the frozen embryos to create a baby. A medical consent document was legally signed by the former couple, which requires that both parties agree before an embryo can be used.

Reports reveal that a previous court ruling awarded the woman ownership of the embryos for reasons pertaining to the right to have a child and the inability to have her eggs fertilized by another donor. The man appealed, and that court decision reversed the original due to pre-existing contract agreements. When frozen embryos have the potential to become a viable pregnancy and eventually a child, unmarried child custody issues and child support agreements may eventually be confronted.

When a potential Texas parent makes the decision to pursue a legal dispute over frozen embryos, they may be faced with many choices regarding their legal options. The emotional turmoil a person may feel when their ability to have a biological child is in legal limbo can be overwhelming. Potential unmarried child custody issues with unborn children could ultimately result from a court's ruling in favor of allowing use of previously frozen embryos.

Source:, Court-ordered to become a parent? It happens., Julia Goralka Julia, Sept. 27, 2013

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