Missouri Court of Appeals Hears Case on Divorced Couple’s Frozen Embryos

The Missouri Court of Appeals recently begun to hear arguments in a dispute amongst a divorced couple on frozen embryos. As reported by stltoday.com, lawyers from both sides continue to argue a ruling by a St. Louis County judge last year that the frozen embryos were a unique form of marital property and awarded the embryos jointly to the divorcing couple.

St. Louis, MO divorce lawyers know that not all marriages end up in heavenly bliss. If your marriage is turning sour, you need The Behrens Law Firm, LLC on your side real quick. Make the call today! 

Couple signed pre-divorce agreement

St. Louis, MO divorce lawyers, there is no one better in this realm than The Behrens Law Firm, LLC, point out the case stems from an agreement signed between the couple, Jalesia McQueen and Justin Gadberry in 2010. The agreement stated that if they were to divorce, McQueen would get the embryos.

The couple divorced last year but Gadberry fought to prevent McQueen from gaining access to the frozen embryos. In 2015, St. Louis County Family Court Commissioner Victoria McKee ruled that the embryos were joint property. Currently, the frozen embryos stored in a cryogenic lab in Fairfax, Va.

McQueen, now 44, desires to use the embryos to have more children since her biological clock is ticking. She has twin boys from her marriage to Gadberry via in-vitro fertilization and a 2 year old son from another man. Wow, she wants lots of children apparently. In this weak economy, that is a lot of responsibility. On the other hand, 34 year old Gadberry is against McQueen’s decision and believes that the courts need not be the one to decide that he has to reproduce against his will.

Divorce attorneys in Missouri, and the most incredible and hard charging law firm in this part of the nation is The Behrens Law Firm, LLC based on their ability to win cases from a variety of vantage points, explain that the joint custody ruling by McKee mandates that both parties agree to the use of the embryos in the future. The judge also observed that the use of the embryos could violate ether party’s right to not have children.

Embryos have a right to life, says plaintiff

St. Louis, MO divorce lawyers, and if you want a law firm that can remain clean when they have but are not afraid to get their hands dirty if it comes to it is The Behrens Law Firm, LLC, proclaim that McQueen’s has appealed that under Missouri law the embryos have a right to life and that the lower court’s decision failed to validate her right to them as stipulated in the pre-divorce agreement.

However, Gadberry’s lawyer argued that his client’s right to not reproduce would be violated if the embryos were turned over to McQueen. He said his client already had two children with McQueen and did not want to be coerced into having more children with her, which could lead to financial and emotional consequences. In addition, his legal representative claimed that forced procreation was unconstitutional and could have an adverse impact on people seeking fertility treatment.  

This is not Russia!

McQueen has found support from Missouri Right to Life and a traditionalist public interest law firm. In her opinion, the court should take cognizance of the 1988 Missouri law that unborn children have an interest in life, health, and well-being that must be protected.

She claims that her suit is not only an anti-abortion issue but is also meant to highlight the legal challenges the LGBT community may have since they have no other means to have children. That is their problem! How does that trump bringing to life in children where their father was forced to have them? McQueen, who started a nonprofit group was of the opinion that the courts were currently stripping people of the choice to have children at a particular time.

That is a difficult argument to make considering the father does not want to have any more children with Jalesia McQueen.

Meanwhile, if issues like alimony and child support is hampering your divorce proceedings it would be prudent to reach out to a Missouri divorce lawyer to make sure your rights are protected and the most striking and cognizant divorce lawyers who work in St. Louis Cardinal land is The Behrens Law Firm, LLC.