Divorced Men Should Pay for Wife's Eggs
If they split without kids, he should cover her fertility treatment: Op-ed
By John Johnson, Newser Staff
Posted Sep 7, 2013 11:52 AM CDT
   (Shutterstock)

(Newser) – Welcome to the new wrinkle in divorce settlements: the wife's eggs. Sarah Elizabeth Richards lays out the increasingly common scenario in the New York Times today: Say a couple gets married with the intention of having kids but divorces years later without having done so, or without having as many as planned. The husband still has plenty of time to start a new family, but the wife's window is dwindling. If she wants to freeze her eggs and prolong her fertility, should the husband pay the approximately $20,000 cost? Yes, says Richards.

She quotes one legal expert who argues "that a woman’s missed opportunities to have a baby during a marriage could be viewed as a form of 'sacrifice' for which she should be compensated." What's more, writes Richards, "it helps rectify one of life’s greatest biological injustices: that men but not women can typically start a family well into middle age and beyond." Yes, the issue is complex and differs from couple to couple, which is why Richards suggests ironing all this out in a pre-nup. "A couple could agree on money for egg freezing if children didn’t materialize by a certain year." Click for the full column.

More From Newser
My Take on This Story
To report an error on this story,
notify our editors.
Divorced Men Should Pay for Wife's Eggs is...
3%
2%
1%
6%
1%
87%
Show results without voting
You Might Like
Comments
Showing 3 of 124 comments
HMD-SMD-ITY
Sep 16, 2013 2:20 PM CDT
Now, you know why so many men off their x's. This crap is a good reason.
InferiorToYou
Sep 10, 2013 1:37 AM CDT
She can have a quart of frozen semen, and that's my final offer!
jgarbuz
Sep 9, 2013 9:16 PM CDT
From Wikipedia - "Best INterest" doctrine: "Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well-being of children. The most important of these issues concern questions that arise upon the divorce or separation of the children's parents. Here are some examples: With whom will the children live? How much contact (previously termed "access" or, in some jurisdictions, "visitation") will the parents, legal guardian, or other parties be allowed (or required) to have? To whom and by whom will child support be paid and in what amount? The use of the best interests doctrine represented a 20th-century shift in public policy. The best interests doctrine is an aspect of parens patriae, and in the United States it has replaced the Tender Years Doctrine, which rested on the basis that children are not resilient, and almost any change in a child's living situation would be detrimental to their well-being. Until the early 1900s, fathers were given custody of the children in case of divorce. Many U.S. states then shifted from this standard to one that completely favored the mother as the primary caregiver. In the 1970s, the Tender Years Doctrine was replaced by the best interests of the child as determined by family courts. Because many family courts continued to give great weight to the traditional role of the mother as the primary caregiver, application of this standard in custody historically tended to favor the mother of the children. The "best interests of the child" doctrine is sometimes used in cases where non-parents, such as grandparents, ask a court to order non-parent visitation with a child. Some parents, usually those who are not awarded custody, say that using the "best interests of the child" doctrine in non-parent visitation cases fails to protect a fit parent's fundamental right to raise their child in the manner they see fit. Troxel v Granville, 530 US 57; 120 S Ct 2054; 147 LEd2d 49 (2000). Assessing the best interests of the child In proceedings involving divorce or the dissolution of a common-law marriage or a civil union, family courts are directed to assess the best interests of any children of these unions. The determination is also used in proceedings which determine legal obligations and entitlements, such as when a child is born outside of marriage, when grandparents assert rights with respect to their grandchildren, and when biological parents assert rights with respect to a child who was given up for adoption."