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Custody dispute over embryos hinges on court jurisdiction

On Behalf of Cullen Family Law Group | Dec 23, 2016 | Child Custody |

In a case that seems to be the first of its kind, two frozen embryos have been named the plaintiff’s in a custody suit against the actress whose eggs were used in their creation. The former fiance of the actress, whose sperm was also used in their creation, had previously filed a lawsuit in California asking for sole custody and the right to implant the embryos into a surrogate, but recently dropped the case.

A Louisiana right-to-life activist, claiming to act as the embryos’ trustee, has filed the lawsuit on their behalf. The action is made possible because Louisiana, a heavily pro-life state, is one of the few states that gives legal status to embryos as “jurisdictional persons.” The trustee seeks to give full custody of the embryos over to their genetic father and a trust has been created for their financial care.

However, legal experts say that the possibility that the suit will succeed is slim, at best, because the Louisiana court likely lacks the jurisdiction to even hear the case. The embryos were created in California and are currently stored in that state. Additionally, the original contract governing their storage and disposal was also created in California.

Jurisdiction is the legal term for a court’s right to hear a case and exercise authority over those involved in the dispute. In custody cases, jurisdictional issues can sometimes be a confusing and frustrating issue, especially when parents live in a different state from their children.

In this case, the trustee insists that there is good cause for the Louisiana court to take jurisdiction because the genetic parents resided in the state at some point during the years in which the embryos were created and eventually separated while in that state. He also asserts that the fact that a trust for the embryos’ care exists in Louisiana gives the suit additional merit.

However, almost every state (Massachusetts and Vermont are the only exceptions) follows the statute known as the Uniform Child Custody Jurisdiction and Enforcement Act. That Act gives jurisdictional preference to the child’s home state prior to any other state. After that, a state where the child has significant connections to the people in the state can take jurisdiction, which is likely what the trustee is relying on.

Questions about a child custody issue of your own can be answered by an experienced family law attorney.

Source: Page Six, “Embryos unlikely to win suit against Sofia Vergara,” Julia Marsh, Emily Smith, and Danika Fears, Dec. 07, 2016

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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