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Question 1
Reginald and Michelle have been married for three years. They have been trying for a year to get pregnant. After testing, they discover that Reginald is sterile. Michelle wants to use artificial insemination to get pregnant; Reginald objects to this method of impregnation. Against Reginald's wishes, Michelle has the procedure anyway and gets pregnant. Reginald refuses to acknowledge the child and seeks a divorce. Reginald would still be considered the baby's father.
Correct
Incorrect!
Correct For a husband to be considered the father of a child conceived via artificial insemination, he must execute a formal written agreement signed by the medical doctor completing the procedure. Here, Reginald did not consent to the procedure; therefore, he would not be considered the baby's father.
Incorrect! For a husband to be considered the father of a child conceived via artificial insemination, he must execute a formal written agreement signed by the medical doctor completing the procedure. Here, Reginald did not consent to the procedure; therefore, he would not be considered the baby's father.
Question 2
Troy was a college student when he made several sperm donations at a local sperm bank. Katherine and Anthony (a married couple) decide to try artificial insemination to get pregnant and sign an agreement at the same sperm bank where Troy made his donations. In fact, they happen to choose Troy's sample for their insemination. The insemination is successful and nine months later they have a healthy baby girl. Who is the baby's father?
Correct The UPA clarifies the relationship of the parties in assisted reproduction. Specifically, a sperm donor is not considered the parent of a child conceived by means of assisted reproduction. Here, since Katherine and Anthony consented to the procedure, Anthony would be considered the child's father.
Incorrect! The UPA clarifies the relationship of the parties in assisted reproduction. Specifically, a sperm donor is not considered the parent of a child conceived by means of assisted reproduction. Here, since Katherine and Anthony consented to the procedure, Anthony would be considered the child's father.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Ida is 38 years old and single. She has always wanted to be a mother. She decides to use artificial insemination and becomes a single parent. Two years after the baby is born, Ida marries Paul, who wants to adopt the baby. Paul needs permission from the putative father before he can adopt the baby.
Correct
Incorrect!
Correct A donor would not be considered the legal father of a child conceived by means of assisted reproduction. As such, Paul does not need permission from anyone before he can adopt the baby.
Incorrect! A donor would not be considered the legal father of a child conceived by means of assisted reproduction. As such, Paul does not need permission from anyone before he can adopt the baby.
Question 4
Tyler and Melissa were married for 10 years before they got divorced. During that time period, Melissa went through several in vitro fertilization procedures, one of which resulted in the birth of their son. That was the only way she could conceive a child. Tyler had no problems conceiving; he had a daughter from his first marriage. Since they wanted more children, they had six fertilized eggs on deposit. During their divorce, Melissa disclosed that she wanted to keep the eggs for future use; Tyler wanted the eggs destroyed. What should the court do with the eggs?
Correct In deciding who gets fertilized eggs in a divorce, the court must weigh the interests of both parties-the right to procreate against the right not to procreate. Here, Tyler does not want his eggs used to create other children. If he wanted to have additional children, there is no impairment in his ability to do so. Melissa wants to use the eggs in the future. In vitro fertilization is the only way she can get pregnant. Accordingly, the court might lean in her favor, given her impediment to conceive naturally.
Incorrect! In deciding who gets fertilized eggs in a divorce, the court must weigh the interests of both parties-the right to procreate against the right not to procreate. Here, Tyler does not want his eggs used to create other children. If he wanted to have additional children, there is no impairment in his ability to do so. Melissa wants to use the eggs in the future. In vitro fertilization is the only way she can get pregnant. Accordingly, the court might lean in her favor, given her impediment to conceive naturally.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 5
Karen has had three children during her decade of marriage. Her neighbors, Oscar and Natalie, have desperately wanted a child for several years. Karen consents to be their surrogate and is inseminated with Oscar's sperm in a clinic. Her husband, Charles, is against the procedure. A month before the child is born Karen decides she wants to keep the baby. In a court battle for custody of the child, who should get custody of the child?
Correct In these types of situations, some courts focus on who is the intended parent versus the purely biological parent to defeat competing parental claims. Here, the intended parents are Oscar and Nathalie; however, Karen's husband Charles did not consent to the procedure. Accordingly, the court would probably adhere to the presumption that a child born to a married couple is a child of the marriage.
Incorrect! In these types of situations, some courts focus on who is the intended parent versus the purely biological parent to defeat competing parental claims. Here, the intended parents are Oscar and Nathalie; however, Karen's husband Charles did not consent to the procedure. Accordingly, the court would probably adhere to the presumption that a child born to a married couple is a child of the marriage.