If I’ve been separated for over a year and want to have fertility treatment with a man other than my soon-to-be ex, what are his/my rights?

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If I’ve been separated for over a year and want to have fertility treatment with a man other than my soon-to-be ex, what are his/my rights?

I want to get pregnant with my new partner via using professional fertility treatment by a licensed doctor and it is time sensitive because I have uterine cancer. I have been separated for over a year and I am about to file for a divorce. What are my rights and responsibilities and what are the soon to be ex-husband rights and responsibilities in relation to the embryo/baby?

Asked on September 30, 2011 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is a potentially complicated situation, and you really should consult with a family or matrimonial law attorney first, before doing anything. Here are some issues to be aware of:

1) The law presupposes that a married woman's husband is the father of her child, and I believe this supposition holds even with separation. It is a presumption that can be overturned, but is you are planning to divorce shortly, it may make more sense to wait until the divorce, so you do not have to fight to have you soon-to-be-ex husband not be the child's legal father.

2) This action can color the way the court will view you during the divorce and could therefore influence support and asset distribution.


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