Mandy and Drake Rooks divorced in 2014, but they have continued to cross paths after a disagreement over what to do with their frozen embryos.
The ex-couple has now taken their legal dispute to the Colorado Supreme Court. While legal battles about frozen embryos have been relatively common, their case is unique due to a signed contract prior to their divorce.
He Said, She Said
The binding agreement at the time referred the Rooks’ mutual decision to rely on a court ruling, which would confer ownership of the embryos in case of a dissolved marriage. After exchanging wedding vows in 2002, they have three children by using in vitro fertilization. The process required Mandy’s eggs and Drake’s sperm.
The problem stemmed from Drake’s refusal to sire another child, hence his desire to discard the frozen embryos. On the other hand, Mandy wants to keep them since she believes those are her only chance to become pregnant again. For those who tied the knot in Colorado, a divorce or family lawyer in Colorado Springs or Denver may provide legal advice if you are in the same situation.
Whether or not your case involves custody of frozen embryos, legal counsel should be one of your priorities before filing for a divorce. Many couples, however, choose to delay the process upon the onset of the holiday season.
For this reason, inquiries about marriage dissolution in the U.S. increase in January before reaching their peak in the next two months. This trend occurs since couples no longer have to keep up a happy demeanor, especially in front of the children, according to psychotherapist Kathryn Smerling.
The legal proceedings over Colorado ex-couple’s frozen embryos entail complex arguments. This only proves that legal advice remains necessary when you plan to divorce your spouse.