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Who Owns Pre-Embryos?

An anonymous reader writes: Scientifically and legally, frozen embryos are not the same as a living child. Nevertheless, they can inspire legal battles that resemble custody disputes. This article follows a case between a couple who had been dating for five months when the woman received a cancer diagnosis. Before beginning chemotherapy, she and her boyfriend of five months decided to harvest and set aside some fertilized eggs, just in case. (If the treatment saved her but destroyed her ability to have kids, and the couple stayed together and decided they wanted kids, the pre-embryos would preserve that option.) She survived, but their relationship didn't. With no explicit contract in place, the disposition/custody of the pre-embryos is now hotly contested. "[R]eading over the case, one gets the sense that there's a fundamental lack of language to describe what's at stake. There may be an emerging field of law and legal precedent, but the terms at hand don't adequately capture the nature of the dispute."

374 comments

  1. The pre-embryo owns itself. by Anonymous Coward · · Score: 0

    The pre-embryo owns itself.

  2. Re:Both own half. by goose-incarnated · · Score: 5, Insightful

    Each 'contributor' owns 50%. No decision regarding the subject pre-embryo may be be made without a majority. Case closed.

    So, what? You want to divide it in two and give each party one half? The problem you are missing is that one party may want to dispose of the pre-embryo while the other party may want to (eventually) birth and raise it. Those are mutually exclusive options.

    --
    I'm a minority race. Save your vitriol for white people.
  3. Re: Both own half. by Anonymous Coward · · Score: 1

    Just let it divide once and each can take their share. Duh.

  4. Re:Both own half. by dreamchaser · · Score: 1

    That's what King Solomon would do.

  5. Re: Both own half. by monkeyzoo · · Score: 1

    You want to divide it in two and give each party one half?

    Yes, and the true owner will relinquish their share: https://en.wikipedia.org/wiki/...
    =)

  6. Freezing Fertilized Eggs? by Frigga's+Ring · · Score: 3, Interesting

    I guess I'm confused as to why they chose to froze her fertilized eggs instead of the eggs alone. Is there a scientific reason for choosing to freeze a fertilized egg over a non-fertilized egg? Since she was only with her boyfriend for five months and she was the one going through chemo, they should have had no reason to think his sperm would need to be preserved. I won't judge them though as I can imagine a cancer diagnosis can impact judgement, but I'm curious if one option was better than the other.

    1. Re: Freezing Fertilized Eggs? by Anonymous Coward · · Score: 3, Interesting

      Frozen embryos survive thawing much better than frozen eggs. Also does anyone know why we are calling these pre-embryos? Pre-embryos would be sperm and egg cells.

    2. Re: Freezing Fertilized Eggs? by Anonymous Coward · · Score: 3, Informative

      Also does anyone know why we are calling these pre-embryos? Pre-embryos would be sperm and egg cells.

      http://en.wikipedia.org/wiki/Proembryo#Preembryo_in_context_of_human_development

    3. Re:Freezing Fertilized Eggs? by Anonymous Coward · · Score: 0

      I guess you could say she...

      Put all her eggs in one basket.

    4. Re:Freezing Fertilized Eggs? by Anonymous Coward · · Score: 0

      Pre-fertilized eggs have a better chance of success.

      Source: I just saw it on Grey's Anatomy

    5. Re: Freezing Fertilized Eggs? by Anonymous Coward · · Score: 0

      I think they are calling them Pre-embryos to keep the pro-lifers from screaming at them.

      And yes, it is dishonest.

    6. Re:Freezing Fertilized Eggs? by Anonymous Coward · · Score: 0

      This is normal process when doing IVF because of the difficulty of harvesting and fertilizing eggs and the high failure rate of implantation , so they generally create more fertilized eggs then they need so they can repeat implantation when and as often as needed.

  7. The male gave consent... by gatkinso · · Score: 0

    ...the moment he fertilized her ovum. He is the biological father, he is half responsible for these children if they are born.

    He cannot force her to give them up any more than he could force her to abort the fetus or give the child up for adoption.

    At this point I ask, "Dude what the FUCK were you thinking?" Could have saved her eggs without fertilizing them.

    --
    I am very small, utmostly microscopic.
    1. Re:The male gave consent... by Anonymous Coward · · Score: 0

      Their fertility doc said it was risky and they decided to fertilize them all. Why it was risky wasn't said. But they thought they'd never break up.

      Now for some reason, the guy's new girlfriends have a problem with the pre-embryos existing and they are terminating the relationships.

      I am not so sure that the embryos are the real problem here.

    2. Re:The male gave consent... by Anonymous Coward · · Score: 0

      Let's run the numbers.
      8 egss harvested and all 8 fertilized. Assuming all are viable and single-yolk (with IVF this is a bold assumption) and $250K to raise each to 18, we're talking $2M here. Dude...

    3. Re:The male gave consent... by Major+Blud · · Score: 3, Insightful

      "He cannot force her to give them up any more than he could force her to abort the fetus or give the child up for adoption"

      So can she not force him to pay child support if it's her decision to keep them?

      --
      If you post as Anonymous Coward, don't expect a reply.
    4. Re:The male gave consent... by Richard_at_work · · Score: 1

      That entirely depends on the jurisdiction - a similar case went to court in the UK back in 2000 - 2007 and the man won his case.

      The woman appealed all the way to the European Court of Human Rights and lost her case completely.

      The issue is that the man withdrew his permission for the embryos to be used - up to the point at which they are implanted in the woman, they are jointly owned and cannot be used without express permission of both parties. Embryos are also not legal entities, and as they are not yet part of the womans body, she does not get automatic final say over their use.

      http://en.wikipedia.org/wiki/E...

      Would your argument work for you if the man was able to take the fertilized eggs and have them implanted in a surrogate who brings them to term? Surely the woman should have some say in that?

    5. Re:The male gave consent... by gstoddart · · Score: 5, Insightful

      That's like saying you can rape your wife because, at one point, she gave consent. It's completely idiotic.

      Sorry, but by the time they've split up, he has withdrawn consent, and if she wishes to have a child he has the right to say "not with my sperm you don't". What's that, you now can't have children unless they're mine? Too damned bad.

      This is very different from forcing her to abort a fetus, because it's outside of her body and frozen -- which means it's a tissue sample until someone goes to fairly extraordinary lengths to put it back.

      I don't think this is nearly as cut and dry as people think. You can't just say "it's her egg, and he's already knocked her up" ... because she isn't pregnant, and this isn't about what she can do with her own body.

      Is her ex legally required to have a child with her now that they've split up? Because it's not like in most cases you knock up your ex long after the breakup.

      Suddenly a tissue sample in cold storage comes down to "can she force him to have a child with her now"? Because since it's not in her body, it's not like that is the deciding factor.

      --
      Lost at C:>. Found at C.
    6. Re:The male gave consent... by jythie · · Score: 2

      She can not, but the state can. People forget that child support is for the benefit of the child, who had no mechanism or capability to consent to the agreement.

    7. Re:The male gave consent... by goose-incarnated · · Score: 1

      That's like saying you can rape your wife because, at one point, she gave consent. It's completely idiotic.

      Sorry, but by the time they've split up, he has withdrawn consent, and if she wishes to have a child he has the right to say "not with my sperm you don't". What's that, you now can't have children unless they're mine? Too damned bad.

      This is very different from forcing her to abort a fetus, because it's outside of her body and frozen -- which means it's a tissue sample until someone goes to fairly extraordinary lengths to put it back.

      I don't think this is nearly as cut and dry as people think. You can't just say "it's her egg, and he's already knocked her up" ... because she isn't pregnant, and this isn't about what she can do with her own body.

      Is her ex legally required to have a child with her now that they've split up? Because it's not like in most cases you knock up your ex long after the breakup.

      Suddenly a tissue sample in cold storage comes down to "can she force him to have a child with her now"? Because since it's not in her body, it's not like that is the deciding factor.

      There are further implications to this: the laws are drafted so that a child is always entitled to maintenance from a parent. Should the courts let her have a baby and agree to regard him as merely a donor and thus relieves him of his obligations there is a greater than even chance that sooner or later a court will be forced to accept that letting a man say "I don't want this obligation" before the first trimester ends is very similar to letting a woman say "I don't want this obligation" before the first trimester ends. Two precedents - Women can already give up their obligation to the child/foetus AND court somewhere (hopefully with jurisdiction) already let a man say "I don't want this obligation".

      --
      I'm a minority race. Save your vitriol for white people.
    8. Re:The male gave consent... by unimacs · · Score: 2

      That entirely depends on the jurisdiction - a similar case went to court in the UK back in 2000 - 2007 and the man won his case.

      The woman appealed all the way to the European Court of Human Rights and lost her case completely.

      The issue is that the man withdrew his permission for the embryos to be used - up to the point at which they are implanted in the woman, they are jointly owned and cannot be used without express permission of both parties. Embryos are also not legal entities, and as they are not yet part of the womans body, she does not get automatic final say over their use.

      http://en.wikipedia.org/wiki/E...

      Would your argument work for you if the man was able to take the fertilized eggs and have them implanted in a surrogate who brings them to term? Surely the woman should have some say in that?

      Since the legal matter is still being sorted out, I'm trying to look at it from an ethical standpoint. If she had agreed to have her eggs fertilized knowing that they might be implanted in another woman so that a friend/boyfriend could have a biological child in the future, then I think that it would be true that she already gave consent.

      If you read the article, you'll find that the couple had been friends for a decade before they started dating and neither seemed to think their romantic relationship was going to be a long term one. The decision to freeze her fertilized eggs resulted from a 7 minute conversation. Even after the relationship ended, email correspondence showed that he was OK with the decision to freeze the eggs and would do it again.

      It wasn't until after a later relationship of his went sour over the issue that he attempted to prevent her from using the eggs.

      Given the above I look at it this way. He consented to do this as a friend to help her out, not because he wanted to raise the kids that might result. He knew that he may not be in the picture down the road. The problem is that he didn't think through the potential consequences it might have on his future relationships. That sucks for him, but in my mind it is too late to withdraw consent. If she had known he might later change his mind, she could have gone the sperm donor route instead.

    9. Re:The male gave consent... by gatkinso · · Score: 1

      Actually, what I typed is not in any way like your statement at all.

      --
      I am very small, utmostly microscopic.
    10. Re:The male gave consent... by unimacs · · Score: 1

      Another note. Apparently they only harvested 8 eggs which is not many. They could have only fertilized half with his sperm and froze the rest unfertilized but knowing that the results from unfertilized eggs aren't as good, the dude said to fertilize them all. Had he not said that, she would have had the option of having the remaining eggs fertilized by someone else.

    11. Re:The male gave consent... by Anonymous Coward · · Score: 0

      It woiuld be amusing, though tragic, for a case like this to happen, and the man complain of rape (having been forced to inseminate the woman).

    12. Re:The male gave consent... by Richard_at_work · · Score: 2

      So what if he wanted to take the eggs and have a kid with another woman - what would your stance be on that? The combination of the two constituent parts should surely mean that if he wants to use them without her ongoing consent he would be allowed to just as much as she does now...?

      Too many people here are jumping to the conclusion that the fertilised eggs are solely the property of the woman even though they are the result of two donations - why should the mans contribution matter less in these cases?

    13. Re:The male gave consent... by misexistentialist · · Score: 1

      People forget that child support is for the benefit of the child

      Easy to do when it is paid to mother, who can do whatever she wants with it

    14. Re:The male gave consent... by JigJag · · Score: 0

      the withdrawal of consent is an interesting approach. Maybe the father can claim rape since there was pregnancy against his will and without his consent.

      --
      "The hallmark of humanity is the ability to move beyond sensory inputs" - Mary Helen Immordino-Yang
    15. Re:The male gave consent... by unimacs · · Score: 1

      So what if he wanted to take the eggs and have a kid with another woman - what would your stance be on that? The combination of the two constituent parts should surely mean that if he wants to use them without her ongoing consent he would be allowed to just as much as she does now...?

      Too many people here are jumping to the conclusion that the fertilised eggs are solely the property of the woman even though they are the result of two donations - why should the mans contribution matter less in these cases?

      I kind of explained that. The difference is that she never consented to have the eggs implanted in another woman, while he did consent to have the eggs implanted in her (at some point down the road).

      Let's say the situation had been reversed and this guy had a medical condition that made future sperm production impossible. And just like the woman in this article, he specifically chose her genetics vs someone else's. If this woman allowed her eggs to be harvested to be fertilized with his sperm so at some point down the road he could have a biological child, not necessarily with her, then yes I would say he had the right to use them.

      I'm not viewing the eggs as property whose ownership must be decided. I'm viewing this as a contract.

    16. Re:The male gave consent... by unimacs · · Score: 1

      An important aspect for me is that he didn't do this with the express intent of being a traditional father. Both of them were aware that their romantic relationship may not last, though they did have a long term friendship.

      He did this as a favor to her, not because they were sure they wanted to raise a kid together. So as far as the issue of property is concerned, he gave his sperm to her so that the eggs could be fertilized. It's too late to take them back now. He really was a sperm donor. He just happened to be involved with the mother at the time of the donation.

      I understand that any woman who he might get involved with in the future might have some issues with this. I suppose that is true of anyone whose donated sperm. It does have the added twist that he was friends with the mother and had a short term fling with her. He thought he was doing a good thing but didn't think about the potential consequences. It's too bad.

    17. Re:The male gave consent... by Anonymous Coward · · Score: 0

      The legality of it is more complex with a zygote however, because it is not HER tissue and it not HIS tissue , but a fusion of their genetics that has formed a completely new human life form, scientifically it is their child's tissue , what it is legally seems to be up for grabs.

    18. Re:The male gave consent... by Cederic · · Score: 1

      So the fact that she once consented to sex with him means he can fuck her any time he chooses, even now they've split?

      Just that by your logic, they made an agreement and they must never change it.

      Or can they?

    19. Re:The male gave consent... by Cederic · · Score: 1

      Note that this wouldn't stop the courts demanding that he pay support to her for the child:
      http://www.divorcesource.com/r...

    20. Re:The male gave consent... by unimacs · · Score: 1

      So the fact that she once consented to sex with him means he can fuck her any time he chooses, even now they've split?

      Just that by your logic, they made an agreement and they must never change it.

      Or can they?

      She's not asking him to donate more sperm. She just wants to use the eggs that were fertilized with sperm HE ALREADY DONATED which he did knowing that they would probably not be in a relationship by the time she planned to use them. It is something he already decided. It is something he already did.

      If she consents to have sex with him, she consents for that instance only. It doesn't matter if they are in a relationship or not. There is no obligation for her to have sex with him again. If they were in a relationship, he might decide to leave her as a consequence. The important thing to remember is that he is free to have sex with anyone else who is willing. By not consenting to have sex with him now or in the future, she is in no way preventing him from having a sex life.

      She can not have a baby with anyone else's sperm. This is the only way she can have a child that's a biological descendent. If it were possible to have somebody else's sperm fertilize these eggs then I think that he'd have every right to legally prevent her from implanting these eggs as they are. But he went in to this knowing that this would not be possible and he has to live with the consequences.

      Yours is just not a relevant analogy.

    21. Re:The male gave consent... by unimacs · · Score: 1

      To simplify, consenting to sex once does not imply consent down the road. He consented to have her eggs to be fertilized with his sperm with the express purpose of using them down the road.

    22. Re:The male gave consent... by pnutjam · · Score: 1

      Who, other then the child's primary caregiver, should be responsible for the child's money?

    23. Re:The male gave consent... by Anonymous Coward · · Score: 0

      You may not be aware of this, but Illinois has specifically constructed statutes regarding sperm, egg, and embryo donations for the purposes of fertility treatment that DO provided for absolving parental liabilities.

      As there is no reporting that they didn't follow the laws in Illinois (in contrast to the case in Kansas, where they very explicitly didn't), there is no pressing need for worrying about such precedence as you speculate could be established. The legislature has set guidelines for the courts to follow. And if it were wanted, they could set things up differently.

      What proposed changes do you have? How do you want things done? Is there some other model you want to use?

    24. Re:The male gave consent... by Anonymous Coward · · Score: 0

      New A.C. to this conversation.

      Statutory rape cannot be used as a financial shield.

      What if it were a man having "consensual" statutory rape with a young girl? Does this mean that the girl will be financially responsible for child support? And I am assuming the man is the one with custody.

      To me, the embryo thing just screams of a law change. That a contract should be required at the time to provide for what is and isn't allowed. Such as...
      "In the event of disagreement, the pre-embryo/embryo...
      A. Shall be destroyed
      B. Shall still be usable by the mother
      i. The father gives up any parental involvement and financial obligations.
      ii. The father seeks partial/joint custody but shall be liable for child support in any situation.
      C. Shall be given away to women in need.
      etc."

  8. Re:Both own half. by oodaloop · · Score: 0

    Brilliant! Just say you're going to split them in two and give half to each, then whoever gives in and says the other can have them wins! King Solomon FTW!

    --
    Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
  9. I'll take this one and its simple by EmperorOfCanada · · Score: 5, Insightful

    Instead of the law trying to pick a winner on this one just make the law that the disposition of the embryos must be contracted before the service can be provided. Then have a very steep fine for any clinic that doesn't obtain and properly store that contract. Then mandate that there is a maintained copy of a "suggested" set of common contracts that are continually updated to reflect any edge cases that end up in the courts such as one of the partners become mentally incompetent etc.

    This way some morality police lawmakers can't step in and turn this in to an abortion/anti-abortion debate where the actual consumer of these services then lose.

    1. Re:I'll take this one and its simple by AmiMoJo · · Score: 1

      It will never be that simple... For example, if the contract said something like "once fertilized, the woman has the option to use these embryos and the man has no veto" then her boyfriend would be under immense pressure to agree to have children with her after only being together for five months and with cancer looming over both of them.

      Currently in the UK both parents are required to agree periodically just to keep the embryos frozen, let along to use them. Even if that were in the contract there would still be lawsuits when one person withdraws their consent.

      The situation can be improved, but considering how much hassle we have with things like adoption and contested parenthood, I don't imagine this will ever be completely resolved.

      --
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    2. Re:I'll take this one and its simple by houghi · · Score: 1

      What if there is no clinic involved, but if there is a one night stand and a broken condom?

      --
      Don't fight for your country, if your country does not fight for you.
    3. Re:I'll take this one and its simple by Anonymous Coward · · Score: 0

      fwiw, I see no morality or law needed here: if she's alive, then it's material that she & her body invested both time and energy to produce. ie., it's her property. If she's dead, then the embryos may benefit from the protection of marital or custody but not before. It's the same argument whether it's a man or woman: she's not obligate to bare you a child, he's not obligated to father you one; now po and go find a mate who agrees with you.

    4. Re:I'll take this one and its simple by Cederic · · Score: 1

      He's alive and it's material that he and his body invested both time and energy to produce.

      So it's their property, not hers.

    5. Re:I'll take this one and its simple by d34thm0nk3y · · Score: 1

      This is such a non-issue. Who owns the family car in a divorce (assume they only have one)?

      This isn't Solomon level decision making here, they don't cut the fucker in half. They figure out what the car is worth and they give half of that to the person that doesn't get the car.

  10. Just my take by Anonymous Coward · · Score: 0

    I read the referenced article. Bottom line: the woman wants the child/children, the man does not them to exist at all, apparently to avoid an "image" problem of being an un-involved father. At least as I understand what was written. The woman apparently has said that she will not be demanding any support or anything more from the father. In that case, I would say that she should be allowed to have the child(ren). This conforms to _my_ morality which considers the life of a child (or potential child) to be more important than the "image" of a "deadbeat dad" that the father has expressed. Especially since the latter is not true. In this case, he's just a sperm donor as far as I'm concerned. Too bad they didn't consider all the possibilities when they drew up the contract. I realize that others will disagree, but I hope we can remain civil in tone despite our disagreement. I will add that if both agreed to destroy the "pre-embryos", I would not have a problem with that. To me it is like in a criminal case: If you can't decide, then vote "not guilty" (I like the English "not proven" wording better). In this case, of "want the child (to be)" versus "don't want the child to exist at all", I vote for the "want the child". I'm not sure what I would think if it were the reverse. I wouldn't force the woman to have a child she didn't want just because the guy did. That case would be even more difficult. Surrogate mother?

    1. Re:Just my take by pjt33 · · Score: 1

      (I like the English "not proven" wording better)

      It's only a side point, but for what it's worth that's a possible verdict under Scottish law, not under English.

    2. Re:Just my take by paiute · · Score: 4, Insightful

      The woman apparently has said that she will not be demanding any support or anything more from the father.

      Except that her agreeing to this now means nothing if circumstances change. If she falls on hard times in the future, the state may then go after the father for child support no matter what the couple agreed to previously.

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    3. Re: Just my take by Anonymous Coward · · Score: 1

      It's bigger than that. By arguing that she doesn't want anything from the father it implies she is deserved something.

    4. Re:Just my take by EmagGeek · · Score: 2

      Yep. Whether or not the children receive support from the absent father is wholly up to the judge. She cannot deny the children's right to support.

    5. Re:Just my take by Anonymous Coward · · Score: 0

      >The woman apparently has said that she will not be demanding any support or anything more from the father.

      This isn't the woman's right to decide.

      Should she go on public assistance, the state already has a history of demanding child support from the father, and regardless child support is for the best interests of the child, not what the mother wishes.

      Not to mention she can always claim the present agreement was made under duress, in which case precedent decides.

      The standards of law are quite clear here to which I'm surprised the man isn't also paying her court costs for even bringing up such a matter.

    6. Re:Just my take by Anonymous Coward · · Score: 0

      It seems like there would be some way to deal with this. For example, that doesn't apply to sperm donors. If someone donates sperm to a clinic, and then it's used to make a baby, the court can't (at least I'm HOPING someone isn't about to cite a case for me) come after the sperm donor for support.

    7. Re:Just my take by jythie · · Score: 1

      Actually, it is not her decision regarding support in the first place, she does not have standing to absolve him of that responsibility.

    8. Re:Just my take by BootNinja · · Score: 1

      in addition to points made by others here, there's also another issue. Say the mother wins absolves the father of any legal responsibilities for the child that is born. The child grows up, develops some sort of rare disease or is involved in a horrible accident. The child tracks down the father for spare parts, i.e. bone marrow or a kidney. This now puts him in an awkward position that would never have occurred without this decision. if the disease presents itself during childhood, can the father then be compelled to provide donor material?

    9. Re:Just my take by YrWrstNtmr · · Score: 1

      If the sperm donor can be positively identified, yes they can go after him.
      Kansas, last year. Lesbian couple want a child. They enlist a male friend to provide the sperm.
      A couple years later, the female couple breaks up. The custodial mom applies to the state for financial aid. The state goes after the sperm donor for recompense. And gets it in court.
      http://www.cnn.com/2014/01/23/...

      I believe there was a similar case in Sweden a couple of years ago.

    10. Re:Just my take by Anonymous Coward · · Score: 0

      IAL

      The problem vis a vis child support is that in all the states whose laws I am familiar with, a duty to support a child is non-waiveable as a matter of public policy. This is doubly true in a case where a parent attempts to waive the other parent's child support obligations, since the right to child support doesn't accrue to the custodial child, but to the child him/herself.

      This is complicated by the fact that there do exist laws that allow child support obligations to be anticipatorily waived via informed consent of the biological parents in situations like sperm banks, egg donations, etc. However, in such situations, the obligations are precluded by an agreement conceived and existing at the time fertilization takes place.

      In this situation, we have two parents who undertook to fertilize the eggs with the intention that they both would be the legal parents of any potential offspring. Now they've broken up, and the mother wants to produce children the father no longer wants to. This is extremely murky legal territory, since on the one hand, the "pre"-embryos are technically still "property," but on the other hand, they become "people" as soon as implanted. Even if he has no legal right of her own to use them (a questionable proposition), if she goes ahead and uses them, some courts might cite the rights of the child and award child support form the father.

      Frankly, this kind of crap (and the levels of acrimony involved) are why I would never practice family law

    11. Re:Just my take by Shakrai · · Score: 1

      Why didn't they just keep Dad off the birth certificate? The State can't go after someone if they don't know who he is....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    12. Re:Just my take by Anonymous Coward · · Score: 0

      If I remember correctly they did just that and the state pressured them until they named the father.

    13. Re:Just my take by Hognoxious · · Score: 1

      This is true. They've even overturned "clean break" agreements where a lump sum or property has been given as a one-off payment.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    14. Re:Just my take by gatkinso · · Score: 1

      Too late, buddy. Should have thought of that before you jetted into that test tube.

      Most guys get into this problem by shooting into a vagina... which is much more fun for the few seconds that the male orgasm lasts.

      --
      I am very small, utmostly microscopic.
    15. Re:Just my take by Shakrai · · Score: 1

      "I can't recall."

      If it's good enough for people testifying in front of Congress it's good enough for your local DSS caseworker.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    16. Re:Just my take by houghi · · Score: 1

      And even more "Even if she STILL does not want the sperm donor involved." She also has no say in the matter.

      --
      Don't fight for your country, if your country does not fight for you.
    17. Re:Just my take by Anonymous Coward · · Score: 0

      Please read your own article. His problem is that he was not a sperm-donor (as in someone who donates sperm through official medical channels). Instead he got some lady pregnant (without intercourse) and they tried to sign away he responsibilities to the baby. This has nothing to do with those who actually go through the real process to donate.

    18. Re:Just my take by butchersong · · Score: 1

      Technically he was responsible because the child would not have existed and been in need without his decision to create it. The reality is that any child with same sex parents has a father and a mother and both are responsible for the life they created. Even in situations of adoption.. you can't abdicate moral responsibility for a child you created. Of course I'm not sure how that stands up in the future when designer children with DNA from a dozen sources come into vogue.

    19. Re:Just my take by Shakrai · · Score: 1

      I'm not arguing with you from the moral point of view, just the legal and real world one: Birth certificate, father: Unknown, Mom when asked, "I can't recall."

      What does the system do with that? Not a whole lot it can do.....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
  11. Sperm donor by Anonymous Coward · · Score: 0

    Can her ex opt for Sperm Donor status? She gets kids. He doesn't get landed with child support.

  12. Re:Both own half. by DarkOx · · Score: 4, Interesting

    If a majority decision can't be reached than the status-quo basically gets maintained, the things sits frozen.

    Just like if you die intestate and have two children and no spouse. Lets say you owned your house strait out for the sake of simplicity. Essentially both kids will have to reach an agreement on how to to dispose the property.

    If they can't it will be pretty easy for either heir to ask the court require the thing simply be maintained, taxes paid etc out of the estates other funds, while a judge decides how to parcel out the estate fairly and what should be done. Same thing would probably happen here.

    More interesting questions exist though. Lets say you and wife have some embryo's frozen as part of some assisted fertility process. It does not work, but their are left overs. You later get divorced, presently childless. She decides to try again and the implantation is successful. Can she come back for child support? Are you a dead beat dad if you want nothing to do with it?

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  13. Close to owning by purnima · · Score: 2

    intellectual property. Two artists record song but don't release it. They split, who owns the tune?

    1. Re:Close to owning by Frigga's+Ring · · Score: 1

      I don't think your analogy fits. It's more like one artist doesn't want the song to be played ever. And if he thought he wouldn't want it played, then he shouldn't have written it in the first place.

    2. Re:Close to owning by purnima · · Score: 1

      You're right, on second thought.

      Basically, the fertilised egg ought to be seen as being part of the woman's body if it's inside the womb or outside. So it's her choice to do whatever she wants with it. The woman owns it.

    3. Re: Close to owning by Anonymous Coward · · Score: 0

      And if the first wanted it heard, they would have done a live performance.

    4. Re:Close to owning by Frigga's+Ring · · Score: 5, Insightful

      Should sperm not be seen as part of a man's body then? And what if the situation was reversed? What if the man began a new relationship with a woman who couldn't have children. Should the man then be given rights to have the eggs he fertilized with girlfriend 1 transferred to girlfriend 2's uterus?

    5. Re:Close to owning by IndustrialComplex · · Score: 1

      If I cut off my foot and preserve it in such a manner as it can be re-attached at a later time. Would someone who took that foot and threw it in a dumpster commit battery, or just destruction of property?

      In the US, detached bodyparts/material are considered to be property and do not receive any special protection. There have been several cases regarding this when it comes to 'Medical/surgical waste'.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    6. Re:Close to owning by purnima · · Score: 1

      Ethically eggs whether fertilised or unfertilised whether in the woman or outside is part of the woman's body. She has exclusive rights to do as she pleases with them regardless of the desires and opinion of the man who fertilised the eggs or paid to remove and incubate the eggs.

      So the woman should equal able to implant, store, or toss the eggs into a bin. Just as she has the moral right when they are inside her to do as she pleases with the eggs (the pill, abort). It's her body regardless of any scientific innovation allowing part of her body to survive for brief periods in a test-tube in a fridge.

      Men's rights to sperm really never plays a role here.

    7. Re:Close to owning by Wycliffe · · Score: 1

      You're right, on second thought.

      Basically, the fertilised egg ought to be seen as being part of the woman's body if it's inside the womb or outside. So it's her choice to do whatever she wants with it. The woman owns it.

      Why exactly? Why does the woman have more right to it than the man? Why couldn't the man opt to raise it with a surrogate?
      It's exactly 50/50 in my book. I would prefer a technical solution like refertilizing with a different sperm donor but I don't see how
      it's any more the woman's than the man's.

    8. Re:Close to owning by purnima · · Score: 1

      Doesn't makes sense to be honest.

      Let's take an extreme hypothetical. Sometime in the future an egg is fertilised outside a woman's body and grows for 8 1/2 months in a "test-tube" following the kind of growth patterns we know happens in the womb.

      Someone comes along and chucks the tube in a bin killing the foetus. Should we charge him with murder. My answer is yes sure.

      Similarly, the frozen fertilised egg in the fridge is as much a part of the woman's body as if it were in her womb. She can do as she pleases with it. It's her body and no one else's

    9. Re:Close to owning by purnima · · Score: 1

      because he has no use for it without her and she has use for it without him.

      But all in all, because women own their bodies exclusively.

    10. Re:Close to owning by Wycliffe · · Score: 1

      because he has no use for it without her and she has use for it without him.

      But all in all, because women own their bodies exclusively.

      Yes, women own their bodies and men own their bodies.
      But this embryo is not part of the woman's body so that argument doesn't hold.
      This embryo is one egg from the woman and one sperm from the man.
      It is not any more a part of the woman's body than it is part of the man's body.

    11. Re:Close to owning by purnima · · Score: 1

      women own embryos, and lose ownership when they become life.

      men own their sperm, and lose ownership when it fertilises an embryo

      simple, no?

    12. Re:Close to owning by itzly · · Score: 1

      She can do as she pleases with it

      As long as the state can force the father to pay child care, I would argue that the father has some say in the matter.

      It's her body and no one else's

      The egg only has 50% of her DNA, so it's not her body.

    13. Re:Close to owning by itzly · · Score: 1

      simple, no?

      No, otherwise everybody would be agreeing with you.

    14. Re:Close to owning by purnima · · Score: 1

      Societies that allow abortion agree with me. Societies that don't, don't agree with me.

    15. Re:Close to owning by gstoddart · · Score: 1

      But all in all, because women own their bodies exclusively.

      And this is now technically NOT her body.

      She and her ex have a tissue sample in storage.

      It is most certainly no more part of her body than it is his. Why the hell should she have the right to force him to become a father with her after their relationship ended?

      Sorry, she essentially peed in a cup. This bit about her exclusively owning her body would be true if this was still her body.

      But this isn't her body any more. Which means you can't say that her egg is any more part of her body than his sperm ... and now it's in medical storage and not part of either of their bodies.

      --
      Lost at C:>. Found at C.
    16. Re:Close to owning by purnima · · Score: 2

      He chose to pay child care when he fertilised the egg. It's like signing a contract.

      The matter would have been entirely different had unfertilised eggs and his sperm been frozen separately.

    17. Re:Close to owning by Anonymous Coward · · Score: 0

      I disagree. Until the eggs are actually implanted they are joint property and the woman can not unilaterally make decisions about them.

    18. Re:Close to owning by Anonymous Coward · · Score: 0

      Man could use it in a surrogate, so yes he can use it with out the woman. This case is not nearly as cut and dry as your making it out to be. The eggs are property, they are not part of the woman until they are reimplanted.

    19. Re:Close to owning by Anonymous Coward · · Score: 1

      Given that half the sample is the man's DNA (the sperm!) you didn't address parent's point:

      What if the man began a new relationship with a woman who couldn't have children. Should the man then be given rights to have the eggs he fertilized with girlfriend 1 transferred to girlfriend 2's uterus?

      Or do you just hold a blanket belief that all reproductive decisions should be made by women?

    20. Re:Close to owning by purnima · · Score: 1

      reproductive decisions are joint up to the point of fertilising the egg. After that point, I think that it is reasonable to hold the blanket belief that the woman is the residual claimant of all remaining reproductive aspects.

    21. Re:Close to owning by rhazz · · Score: 1

      It's the man's right to be free of obligation to support a child that doesn't currently exist. If she falls on hard times and gets support from the state, the state may go after him to recoup support costs. While it's unclear if it this would hold up in court in this exact scenario, the chance of having to fight it in court at all is a pretty significant reason to want to block implantation. It is sad that his possible responsibilities is what is preventing her from having a child, but that is a failing of the legal framework, not him.

    22. Re:Close to owning by itzly · · Score: 1

      I am generally supportive of abortion, but I disagree with you.

    23. Re:Close to owning by AmiMoJo · · Score: 1

      The problem with thinking of it that way is that it will lead to a lot of break-ups for cancer suffers. They get a diagnosis and then want their partner to fertilize some eggs, which by this rule means they agree to have children at some indeterminate point the future and can't back out. Partner refuses, relationship breaks down, everyone is unhappy.

      The UK has the right idea. The fertilized eggs are stored with both parents' consent. If either withdraws, they are destroyed, Both parent's consent is required for implanting.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    24. Re:Close to owning by wvmarle · · Score: 4, Insightful

      If you'd say "until actual incubation of the egg in the woman's body" I'd agree. When the fertilised egg is implanted in her, either the natural way or via IVF or other artificial method, it's hers to decide whether to keep it or have it aborted or whatever. Do keep in mind that the implantation is not necessarily in the egg donor's body.

      When fertilisation takes place outside of her body, as long as the egg/embryo remains outside of her body, both partners should be equally involved in what happens next. That's just sensible. If you claim the egg cell is the mother's and the mother's only, this should equally apply to the sperms being the man's and the man's only. Logic extension of this means that the combination of the two, a fertilised egg, belongs to both.

      The moment the egg is implanted in a woman's body, things change: the woman who has the egg in her body should then be called the owner. Even if she's not the egg donor. I believe this part is already pretty well established when it comes to surrogate motherhood.

    25. Re:Close to owning by wvmarle · · Score: 1

      There are probably no laws governing this situation. Sperm donors are already protected, but legal frameworks had to be developed after sperm donation became technically possible, I'm quite sure the first sperm donors had no such legal protections.

    26. Re:Close to owning by Anonymous Coward · · Score: 0

      In that case, is he able to produce his own sperm still? If so, then any egg donor would be a valid substitute. Procedures for that do exist.

      Thus the weight would go to the woman, who in this case, is unable to use her own eggs after the chemotherapy.

      If she had still fertile eggs, or unfertilized stored ones, it would be another matter. But since the doctor recommended fertilizing all the eggs, well, not even the latter is an option. And since no argument has been made that he's no longer fertile in this case, it's a moot point. The most you could do would be arguing for retaining the eggs in the event of such occurring. That's keeping the status quo.

    27. Re:Close to owning by Anonymous Coward · · Score: 0

      i think the "it's my body" argument goes out the window once it's no longer *in* the body... to claim otherwise severely undermines the argument, since now it's not that it has anything to do with one's body, but just "because woman". doesn't make sense.

    28. Re:Close to owning by Anonymous Coward · · Score: 0

      accepting your initial premise (re test-tube murder), the egg in a fridge is a non-sequitur.

    29. Re:Close to owning by Anonymous Coward · · Score: 0

      I simply disagree.

      Everything you say is fine, IF you were talking about unfertalized eggs. Once they are fertalized, you have 2 parties involved.

      The only way I could accept your position is if you carry it forward, so that the woman is the sole owner of the child, and must support the child completely by herself. To be self consistent, it seems you must be against the concept of fatherhood and against child support. Seems like an odd position to take.

    30. Re:Close to owning by Anonymous Coward · · Score: 0

      seriously... purnima seems to be arguing a line that would allow an egg donor to choose what happens in a surrogates womb, since after all, it's the donor's egg and her body. if that's not the argument, then at what point did "ownership" change? and if it changed, why is the mechanism for this change simply limited to woman-to-woman transfers?

      further, the notion that ownership is extended to whomever would have a use (or are we judging the "best" use) for something is ludicrous... perhaps the man whose sperm fertilized that egg would have a use for it with another woman, or an artificial womb. any argument other than 50/50 is too removed from logic for my tastes.

    31. Re:Close to owning by SecurityGuy · · Score: 1

      No, he didn't. Creating those pre-embryos did nothing beyond preserving the option to have those children later.

      From TFA:

      She called Szafranski, a nurse, paramedic, and firefighter, and asked if he would provide sperm so that she could freeze embryos for possible future use.

      The guy was helping his girlfriend of not that many months preserve the possibility of having children later, not signing up for a lifetime of child care for up to 8 kids regardless of what happens later.

    32. Re:Close to owning by sjames · · Score: 1

      In fact, he did not. He did not even agree to the embryos ever being implanted.

    33. Re:Close to owning by metrix007 · · Score: 1

      That is absolute bullshit. This woman is forcing a man to have a child outside of his consent, by exploiting a previous agreement that should have become null and void when the relationship ended.

      It has nothing to do with a woman's rights to her body.

      She is clearly in the wrong. End of story.

      --
      If you ignore ACs because they are anonymous - you're an idiot.
    34. Re:Close to owning by Anonymous Coward · · Score: 0

      because he has no use for it without her and she has use for it without him.

      But all in all, because women own their bodies exclusively.

      By that standard, any other child-bearing-capable woman on the planet has equal right to the embryos as well. ANY woman could use them and have this former couple's baby.

      There are lots of kids that need adoption in the world, if raising a child is that important to this woman she should go find one.

    35. Re:Close to owning by Anonymous Coward · · Score: 0

      He should do that, then go to court to make the woman pay for the child.

    36. Re:Close to owning by Frigga's+Ring · · Score: 1

      I think we agree on the end result that the woman has rights to use the pre-embryo to become pregnant, but I think we differ on how we get there.

      First a note: it's not an embryo until a week or so after fertilization. I'm writing this on the assumption that you meant to say a woman owns her eggs and men own their sperm up until it fertilizes an egg.

      If, in this case, the man and the woman jointly signed up for this service "no explicit contract in place" as the article says, they should both have access to the eggs. If the woman alone signed up for the service and the man was only involved to contribute his sperm (as seems to be the case), again "with no explicit contract in place", then the property is hers. In either situation, she should be able to use the pre-embryoes to become pregnant.

      I don't think the deciding factor should be if it were an egg or sperm. Again, if we reverse the situation and it was the man who was going for chemo and the healthy woman who donated her eggs to be fertilized (with the expectation that the man would find a surrogate willing to accept the eggs [it's not a perfect comparison, I know]), should the healthy egg-donor be able to claim those eggs simple because the eggs trump the sperm? I should hope not, but, legally, I just don't know.

    37. Re:Close to owning by Anonymous Coward · · Score: 0

      "She chose not to receive child care when she implanted the egg. It's like signing a contract."

      The male has no authority to make any decision over the egg - to implant, trash, implant then abort, or preserve for later - but he has 100% responsibility for the outcome? What the hell kind of 'logic' is that?

    38. Re:Close to owning by Anonymous Coward · · Score: 0

      Women own eggs not embryos. That's where your argument breaks down. When the egg is fertilized it's no longer an egg, now it's an embryo just as the sperm is destroyed when it helped make the embryo.

    39. Re:Close to owning by Anonymous Coward · · Score: 0

      Except you're missing the part of all the pre-existing rules about child support, etc. Meaning that the woman can make a decision to have a baby and then force her ex to pay her for life in child support afterwards simply due to the genes matching up.

      Sorry but not in this day and age the the rules that currently exist.

    40. Re:Close to owning by Anonymous Coward · · Score: 0

      yes, I can see how you as a women would want that, unfortunately us men have different opinions on the matter thank you very much.

    41. Re:Close to owning by rworne · · Score: 1

      The egg only has 50% of her DNA, so it's not her body.

      Let's make it more simple:

      The human body has 46 chromosomes. 23 from the man and 23 from the woman. If the pre-embryo is female, one pair is XX. Male is XY.

      So, if the pre-embryo is a female, then it's a 50-50 split. If male, then about 49.5% of the pre-embryo is his and 50.5% is the woman's - based on the presumption that there is less genetic material in a Y chromosome compared to an X. Therefore, she has a majority stake at best (XY) and an even split at worst (XX).

      Then again, there's mitochondrial DNA which is solely provided by the female, that would probably put ownership in the woman's court in all cases except for the following situation:

      Things get muddied when you have some pre-embryos with multiple X or Y chromosomes. One would have to find out which parent they came from first. XYY syndrome - father has majority rights. XXX syndrome, one would have to determine which parent's reproductive process malfunctioned before assigning parental rights.

      --
      I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
    42. Re:Close to owning by Anonymous Coward · · Score: 0

      It's not as much a part of her body as if it were in her womb though. If they had both donated blood and mixed the bags, would that still just be hers? It's literally not part of her body, and saying it's just hers is pretty unfair. If/when it gets implanted into her womb, then yes, it's just hers and nobody else gets a say, but that's not the case.

  14. Very tricky issue indeed. by PeterM+from+Berkeley · · Score: 2

    The woman may have her reproductive capability destroyed and so may only have this option to reproduce. However, the guy may not want to be a daddy with this woman.

    Personally, I'd try to make some sort of deal to settle the issue, like if she raises any of these embryos over his objection, he bears no responsibility, ever, for the progeny. But if you RTFA, that's already the case, and he still objects to being a father to kids he won't be involved with.

    It seems (from TFA) that every state is coming up with its own solution, like following the contract, or "balance of interests".

    And what happens if some couple no longer has means to pay for embryo storage, but they assert a right to force the embryo-maintainer to keep their embryo's anyway? Just how much is reproduction a right?

    --PM

    1. Re:Very tricky issue indeed. by jythie · · Score: 3, Informative

      The problem there is that one can not sign away parental responsibility by contract. The state does not allow it since the it is the child's interest that the court puts priority on, thus even if the parents reach an agreement between each other the state steps in and forces support for the benefit of the child who could not consent to the agreement.

    2. Re: Very tricky issue indeed. by Anonymous Coward · · Score: 1

      Except one can, it is just that the state has requirements for it. For example, adoption or sperm donation, you follow the proper procedure and you will not be liable anymore than if you legally sell a firearm or automobile or other object that is later used unlawfully.

      Or even just dispose of it. I took a car to a scrapping event, got my gift certificate,was called a few weeks later by a police officer in another state, my car was unlawfully parked they said. I asked how my car could be unlawfully parked in my own driveway.

      The person on the phone said that their whatever wasn't my driveway. But I said my eyes are on the only car I currently own. It is in my driveway.

      After I talked to their supervisor, they eventually realized I wasn't putting up with their shit, and that that car wasn't my problem.

      It is also possible with children. I can't say what the laws are in Illinois, but the circumstances here would at least merit changing the laws if they create an obstacle.

    3. Re:Very tricky issue indeed. by Hognoxious · · Score: 1

      The problem there is that one can not sign away parental responsibility by contract.

      Isn't that what adoption does?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    4. Re: Very tricky issue indeed. by jythie · · Score: 1

      Good point, I was thinking of specific classes of cases and neglected adoption and other formal mechanisms.

    5. Re:Very tricky issue indeed. by bill_mcgonigle · · Score: 3, Insightful

      the state steps in and forces support for the benefit of the child

      Humans respond to incentives. What the State actually accomplishes is encouraging mothers to get rid of the father because she'll get his money anyway (in the vast majority of the cases) without having to deal with him. While this outcome is predictable, empirical evidence has borne it out too. Broken households don't benefit the child, in the vast majority of cases (the empirical evidence bears this out too).

      Besides, parents are the holders-in-trust of the child's rights, not the State. The State is a legal fiction and as such cannot hold any natural rights, so it's a non-sequitor. Yeah, they can send the boys in blue to enforce any arbitrary rule, but that's not sound moral reasoning.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    6. Re:Very tricky issue indeed. by Anonymous Coward · · Score: 0

      Nope, (ianal) adoption is really a contract between you and the state, not you and the current parents.

    7. Re:Very tricky issue indeed. by Anonymous Coward · · Score: 0

      Adoption only occurs when the state verifies the new parents have financial means to support the child. The state does not want to pay for supporting children when there are other people with incomes who could be doing it.

    8. Re:Very tricky issue indeed. by Hognoxious · · Score: 1

      And how does the state get them? The parents might be dead, or judged unfit, but children are sometimes voluntarily given up for adoption.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    9. Re:Very tricky issue indeed. by MikeKD · · Score: 1

      The woman may have her reproductive capability destroyed and so may only have this option to reproduce. However, the guy may not want to be a daddy with this woman.

      That's really easy. Don't fertilize the eggs. The problem with the people in the article is that they fertilized the eggs whereas the woman could have just had her eggs frozen and then if the relationship worked out, have completed the IVF process.

    10. Re:Very tricky issue indeed. by Anonymous Coward · · Score: 0

      The State is a legal fiction and as such cannot hold any natural rights, so it's a non-sequitor.

      Rights is legal fiction and such cannot be natural.

      Or rather, the only natural rights that exists are those that you can enforce.
      The State is more capable to enforce rights than you. Therefore I recommend that you give up the idea of "natural rights" because its and argument that is going to lead into a situation where you have none.

    11. Re:Very tricky issue indeed. by hobarrera · · Score: 1

      If the parents actually reach an agreement, I assumed that the mother could just gift back an equivalent sum to the father anyway (effectively nulling the support cost for the father, but complying with court orders).

    12. Re:Very tricky issue indeed. by Anonymous Coward · · Score: 0

      The state does not allow it since the it is the child's interest that the court puts priority on

      If that were the priority, why not garnish the judge's wages instead? The judge almost certainly earns more than either parent, and a percentage of their income would provide a greater benefit to the child.

  15. It is a custody battle! by Anonymous Coward · · Score: 0

    They both decided on creating this pre-child. They should have had an agreement on what to do. Our court system sees this all the time with post-born children. Where's a King Solomon when we need him? /you say anonymous coward like it's a bad thing?

  16. Boyfriend of 5 Months by Anonymous Coward · · Score: 0

    And already fertilizing some eggs just in case? Anyone surprised that relationship didn't survive?

  17. a scientific approach in the land of personhood. by nimbius · · Score: 1, Insightful

    Who Owns Pre-Embryos?

    From a scientist: What the fuck is a pre-embryo.

    the disposition/custody of the pre-embryos is now hotly contested.

    No, it isnt. you're just substituting a made-up term for a real word and hoping it lends greater importance to the click bait. Eggs, Sperm, and Embryos are all components of human and mammalian reproduction. pre-embryos are some neoconservative evangelical dry-hump term used to justify strange ballot measures like outlawing masturbation or criminalizing miscarriage. in the interest of science lets clear this up. follow along at home with sed/grep/awk in TFA.

    If the biomatter belongs to a specific person, then it is their biomatter. If you spit on a judge, your biomatter has incriminated you in the act of contempt. If you rape, then your vaginal secretion/sperm is accounted for by the prosecution during your trial as evidence and considered during sentencing. If you froze eggs, they're yours. At best the whole complaint here is a mysoginists tantrum.

    --
    Good people go to bed earlier.
  18. Re: Both own half. by Anonymous Coward · · Score: 0

    Your understanding of the objections to human genetic experimentation has a disconnection with the sentiments people really have.

    First off, I don't know of any pro-choice person who doesn't support contraceptive use to prevent pregnancies in the first place, it is another group that gets worked up over that being used.

    Secondly, the concerns are about the outcome of the process. What is the end result? What are they wanting to happen?

    Heck, some groups freak out over snowflake babies, the thousands of excess embryos that aren't needed, but in my experience, those are also antiabortion groups.

  19. Re:Both own half. by CanHasDIY · · Score: 1

    As with any business contract, party B would be free to buy party A out of their half of the contract. Presumably, this would absolve party A of owing any sort of child support later down the road.

    Don't overcomplicate things. That's a good part of why our legal system is so corrupt.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  20. It gets really interesting in a jurisdiction where by Ihlosi · · Score: 1
    The question gets really interesting in jurisdictions where the occurence of fertilization alone creates an heir.

    http://en.wikipedia.org/wiki/N...

  21. Re:Both own half. by Anonymous Coward · · Score: 0

    You want to divide it in two and give each party one half?

    Twins! Everyone wins!

  22. Re:Both own half. by DarkOx · · Score: 1

    I am not sure it works in this case. In the story the king operates under the assumption neither party wishes to see the child destroyed (children were valuable laborers after all), but perhaps one party cares deeply enough for the child their desire for its well being trumps their selfish desire to possess it or wish to spite other party by denying possession.

    In these cases we very likely have one party who wishes to see the embryo destroyed. It does not make sense to turn something over to someone who has a stated intent to destroy it, only to prevent a court from doing so.

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  23. Re:Both own half. by Anonymous Coward · · Score: 0

    In that case nothing happens until both agree. How else can you solve it? Letting one give birth while the other opposes? Letting one dispose?

  24. Re:Both own half. by Rei · · Score: 3, Interesting

    Embryos seem just ripe for moral debates. Here's another one I've been thinking about recently.

    The current most realistic way for humans to get to another star system is via a generation ship; it's the only way out there that doesn't require some sort of revolution in other technologies, such as long-term cryogenic hibernation or relativistic travel. Minimizing mass is of course absolutely critical. The most practical implementation would be to have a crew of three young, short-statured women with a family history of good fertility, a large embryo bank onboard, and appropriate facilities for implantation, with the embryos chosen for implantation in-transit also being female and from family histories of short stature and good fertility. One would try to maintain it so that there's always at least (but ideally not much more than) three people at or younger than a reasonably fertile age, so that there's a few chances to compensate should one woman prove infertile, die, or not wish to take part in furthering the population of the generation ship. Upbringing would be handled by the older generation, with the main focus of education being on medicine and repair skills. If a successful colony could be established on the other end then could a broader range of embryos be used to increase the genetic diversity, including males and people of larger stature and higher caloric consumption.

    Now, best would be to start out with a staggered age for the initial crew of the generation ship and keep a staggered age throughout the transit. But here we start to get a problem. No ethics review board is going to approve the decision to, say, lock a six year old girl on a tiny, highly risky spacecraft for the rest of her life and give her a future responsibility to bear other peoples' children and then die in space. She's too young to give informed consent to such a monumental decision. Even if she were to travel with her mother, most ethics review panels would find that morally equivalent to a mother locking her child in a bunker for the rest of her life and refuse it. An infant is even worse - she couldn't even give uninformed consent, let alone informed. But the solution of only starting out the crew with informed consenting adults only postpones the issue. For each child they carry en-route is born without a choice in the matter, into a small, highly dangerous, probably uncomfortable craft with few to no peers, limited opportunities for enrichment, and no ability to leave the situation except death. Is that morally any better than sending young, non-consenting children to begin with?

    --
    "...but Republicans plan to come back with a new plan, where they just slash the tires on all the ambulances."
  25. Re:a scientific approach in the land of personhood by CrimsonAvenger · · Score: 1

    So, who does the "biomatter" belong to when the "biomatter" is a fertilized egg?

    It's not her DNA, it's not his DNA. And the fertilized egg is not a human in the eyes of the law...

    So, who does the "biomatter" belong to? And why?

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  26. Re:Both own half. by Anonymous Coward · · Score: 0

    Pre-embryo eggs are not fertilized therefore in my opinion they are still the exclusive property of the woman. This situation is no different than a couple of people dating for five months and breaking up. The man cannot contest ownership of the pre-embryo eggs within his former girlfriend in the latter case.

  27. This is why I will never have children by Anonymous Coward · · Score: 0, Troll

    I honestly don't understand why men take the risk of fathering children anymore. All it does is create a financial, legal, and personal stranglehold around your neck. The mother of your children can, at any time, and for any reason or no reason, discard you yet keep the lion's share of your paycheck forever.

    Marriage and parenthood are just not worth the risk.

    1. Re:This is why I will never have children by Punko · · Score: 1

      No Risk - No Reward.

      --
      If only we could fall into a woman's arms without falling into her hands
    2. Re:This is why I will never have children by Anonymous Coward · · Score: 0

      As the arguments made in this thread make clear, there is a huge lack of development of rights for the man, and a good portion of people seem perfectly okay with it. You can't even use the "her body, her choice" line, and yet people are still using legal arguments that follow from that line of thinking.

      It will get more interesting with functional male birth control, as even paternity testing is moving towards being outlawed like it is in France. Even a one-night stand with protection used and doesn't even end up in pregnancy may net you a legal obligation if a woman so chooses. It is a modern day dystopia come to life.

      And ultimately it does not matter what you or I choose, as the die has been cast, and you and I both know things will only get worse from here.

  28. Complex issue by DrYak · · Score: 1

    He is the biological father, he is half responsible for these children if they are born.

    The problem is that there are NO children yet. Only cells with 2 half nuclei inside (= pre-embryos)

    The problems are very real, but concerns children which do not exist yet, but due to biology and the existence of those cells could very well come into existence.

    He cannot force her to give them up any more than he could force her to abort the fetus

    The notion is different.
    - the "abortion" case is about the mother. It's her body, she decides what she's doing, nobody can force her to undergo a procedure that might has consequences on her health / ability to proceates further.
    - here the cells are in a test tube somewhere in a fidgde. mother's phyiscal body isn't in any way concern by the discarding of the cells. it's only the mother's role as a potiential parent (if the children come into existence).

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  29. Re:Both own half. by jythie · · Score: 1

    Well, by mass and volume, her contribution is significantly larger and represents a greater amount of biological investment, so if we are going that route she would have clear ownership.

  30. 51 % owner by Anonymous Coward · · Score: 0

    one could argue that a embryo is "more mother" because a woman only has limited amounts of eggs whilst a man has "unlimited" amount of sperm.
    a 80 year old man never had a menopause.
    furthermore a woman has to carry and feed a embryo over 9 months.
    both are sub-classes of the laws of physics : )

    1. Re:51 % owner by BarbaraHudson · · Score: 1

      So far, she hasn't carried any embryo for even a second. And your first argument is totally bogus - if you have a limited amount of money, that doesn't give you the right to claim a large chunk of Bill Gate's money directly from him "because he has more."

      This whole thing is stupid from the get-go. The fact that she doesn't consider her current child as a "real child of hers" makes it clear that she would unfairly treat is as second-class if she could get pregnant from the eggs. That's the same as treating adopted kids as "not really your kids." Neither one of the parties comes out of this looking good - just incredibly stupid. Good thing they didn't breed.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    2. Re:51 % owner by Shakrai · · Score: 1

      if you have a limited amount of money, that doesn't give you the right to claim a large chunk of Bill Gate's money directly from him "because he has more."

      Really? There's a whole political philosophy set up around doing exactly that.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    3. Re:51 % owner by BarbaraHudson · · Score: 1

      Income redistribution via taxation does not give rise to the legal right for an individual to sue another individual for a chunk of money just because the other one has more.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  31. Its about child support by Karmashock · · Score: 4, Insightful

    If she keeps those eggs on ice for ages and then randomly decides to defrost them and germinate a few in her magic garden... then the guy is responsible child support.

    No really.

    Child support laws basically assume that birth control and the last 100 years of medical science didn't happen. The concept of them is that if she got pregnant in any fashion by your porn star energy drink... then you've apparently consented to be a daddy.

    You go on a one night stand with a girl at a bar... use a condom... she says she's on the pill... she calls you six months 9 months later to tell you that you're a father... Congrats, you're playing child support.

    Here some lackwit is going to say I'm not being a chivalrous gentleman. That's because chivalry is dead. Look, responsibilities and rights go hand in hand. When men were responsible for everything they had all the rights. And women didn't have any options. If they got knocked up they couldn't really do anything about it. And the culture of the time put great significance on being "chaste". If she already had some other dude's baby then it was a lot harder for her to get a husband which was a serious problem.

    Today none of that applies but the child support laws don't care.

    There was a dude that was literally drugged, woke up tied to a bed with a girl on top of him, he ejaculated in her because men really don't have any control over that if you're bouncing on top of them, he told the police about it immediately, the police did nothing, she got pregnant, gave birth, filed for child support, and the courts made him pay for her rape baby.

    Yep.

    So, the issue with those eggs set aside is child support. If she signs something to the effect that he's not on the hook for any of the child support... I'd see no reason for him to care one way or the other.

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    1. Re:Its about child support by itzly · · Score: 1

      So, the issue with those eggs set aside is child support. If she signs something to the effect that he's not on the hook for any of the child support... I'd see no reason for him to care one way or the other.

      Well, when the children grow up, they may want to meet their biological father. He may not be interested in that. It has the potential to cause some emotional harm to one or more people involved.

    2. Re:Its about child support by jittles · · Score: 1, Interesting

      So, the issue with those eggs set aside is child support. If she signs something to the effect that he's not on the hook for any of the child support... I'd see no reason for him to care one way or the other.

      The support is to provide for the needs of the child, not the mother. The right of child support belongs with the child, and not the mother. The mother is the custodian of the support. The mother can claim that she will never request child support, but the state can garnish money from the father whether the mother likes it or not. If the mother ever goes on welfare, WIC, or the child on medicare, the state will seek repayment for its expenses from the father regardless of the mother's thoughts on the matter.

    3. Re:Its about child support by Anonymous Coward · · Score: 0

      Child support insanity goes beyond that. In some countries, child support doesn't end until 25 years old if the "child" decides to go to university.

    4. Re:Its about child support by Karmashock · · Score: 1

      A biological father being introduced to adults that were raised entirely apart from him... are unlikely to cause that man any trouble in the 21st century western world. It might be a little weird for his wife but probably there wouldn't be anything negative about it.

      The issue is more that when they're growing up he might get a phone call that says something to the effect of "hey, your children need money for college... pay for it."

      As to emotional damage to the children... that would only happen if the mother mishandled the situation in which case the blow up would be on her.

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    5. Re:Its about child support by Alomex · · Score: 0

      It gets scarier than that: some parents believe it is their duty to support their much loved kids while they study and prepare for life. They even give them a hug when they come home for the holidays!

      What is the world coming to? When I was young, kids were given up for adoption a weak after being born. They were raised in an orphanage and believe me, we were better for it.

    6. Re:Its about child support by Anonymous Coward · · Score: 0

      Look, responsibilities and rights go hand in hand.

      Isn't that cute? It thinks it's people.

      This hasn't been the case for a few generations now, and considering the issue will be decided by people with more political influence than you, your concerns aren't really relevant now is it?

      Your tantrum has been noted. Now shut up and pay.

    7. Re:Its about child support by AmiMoJo · · Score: 0

      You go on a one night stand with a girl at a bar... use a condom... she says she's on the pill... she calls you six months 9 months later to tell you that you're a father... Congrats, you're playing child support.

      What exactly is wrong with that? You both made a decision to have sex, knowing that contraception is not 100% reliable and that the other person could be lying, and decided to chance it. The result is that you created a baby, and you are held responsible for your actions.

      If they got knocked up they couldn't really do anything about it.

      Are you arguing that you should not have to pay child support because, upon learning of your desire to shed responsibility, the woman could choose to have an abortion? I think that's what you are saying, I just want to be clear that is your position.

      There was a dude that was literally drugged

      Gonna need a citation for that one. Obviously rape is illegal and should be prosecuted. I don't see how it relates to this kind of responsibility, since the actual problem (if it's true) is that the police failed to investigate and prosecute a rape. If they had, the father could have put the child up for adoption immediately and be absolved of the responsibility to pay maintenance.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    8. Re:Its about child support by Karmashock · · Score: 1

      hyperbole and strawman.

      I didn't say anything about not taking care of children. The issue is custody, the relevant rights and responsibilities of the parents, and ultimately what is required for either party to have rights or responsibilities or not.

      The way the system is currently set up, men have almost no rights. If she gets your seed by any means and gets pregnant then you're responsible for the child. And while being responsible you have no rights over it. That is completely out of balance.

      Rights and responsibilities need to be in balance. So for example, if I am providing the majority of the funds to support the child... then I should get custody. If she's not providing support but instead relying upon checks I send her in the mail... then whether or not she even has the child should be my choice.

      if we share equal responsibility for the care of the child, then she has equal rights. If she provides more and I provide less, then she has more rights. Only if I provide NOTHING should I have no rights at all. So if she wants total 100 percent custody.... the price for that is no child support from the father.

      What I am saying horrifies traditionalists with an old fashioned notion of how maternity should work. However, that view fails to take into consideration the reality of 21st century medical science. Women have the right to choose.

      Right? Pro choice. Well, pro choice means pro responsibility as well. If you CHOOSE to have a child possibly against the will of the man, then why is he responsible for the child?

      One of my uncle's ex-wives poked holes in his condoms so that she'd get pregnant. And she was secretly on fertility drugs... so she had twins. And this was my uncles second marriage... he didn't even want kids because he already had some. She also had some kids from a prior marriage. Point is, the child support laws are bullshit because they don't take modern medical science into consideration.

      Women CHOOSE now if they want to get pregnant or not. And that choice should mean that they assume responsibility.

      Now if you get married or something then sure, the husband is responsible. But if you pop some kids out from a one night stand or defrost some embryos from years ago long after everyone has gone their separate ways... then you need to take personal responsibility for your own choices.

      Or surrender your right to choose. Do that and men will be obligated to acknowledge intercourse as itself being an acceptance of responsibility. However, because women have the pill and abortion clinics... No. You have a kid, then you made a choice. Right to choose means obligation to take responsibility.

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    9. Re:Its about child support by Karmashock · · Score: 1

      Were that the case then the woman would not have custody of the child.

      If I'm paying for the child then why is the child with someone that can't take care of the child? If I can pay for the child and she can't... then I am obviously more qualified to take care of the child all things being equal. Now maybe I'm a drug addict or a psychopath or something. But lets assume nothing weird is going on and that the guy is a normal guy and the woman is a normal woman. Let us say that she can't support herself and the child. But the man can support himself AND send her child support checks. This suggests that he is capable of raising the child where as she is not.

      So why are you subsidizing her failure as a parent if all you care about is the child? Are you suggesting that single mothers do a good job raising children? Because the statistics in the US prison population suggest they're actually terrible at it.

      Here is a rule of thumb that I think is pretty bulletproof: Rights are balanced by responsibility.

      If you make me responsible for something, then I should inherent rights over whatever it is you're making me responsible for and to the extent that I am responsible for it. Think of anything that anyone can be responsible for and notice that as responsibility increases so do rights over whatever that thing is. This traditionally applied to not only children but women as well.

      In gaining independence and freedom, women have gotten a lot more rights... but as those rights increase it is obvious that the responsibility of men to the women reduces proportionally.

      If you want me to pay for the child, then I want custody to the extent that I am paying for that child. If I'm paying half, then I want half. etc.

      What is more, if she has a child against my will... as in she froze some embryos from when we were dating and then thawed them out ten years later... and then asks me to pay child support when I've moved on with my life... how is that fair to me? Now it sucks for the kid because the kid's mother is a crazy irresponsible person. Because she had a child without arranging for the care and support of the child. Because he had a child without asking the man she would eventually demand money from first. So yeah, that's pretty lame.

      And that is why if I were him, I'd make a point of not letting her have those embryos unless she signs something that absolves me of any responsibility. if she does that, then go for it. But if she thinks she can just start pumping out babies and have me pay for them all when I don't even live in the same state as her?... give me a break.

      The government can pay for it OR they can show some moral courage and threaten to tie her tubes if she doesn't behave herself. If you actually cared about the children, you wouldn't be comfortable leaving the child in the care of such people in the first place.

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    10. Re:Its about child support by Anonymous Coward · · Score: 0

      I know you don't like reality, but viagra and a something to knock you out, and yeah, it can happen. And if you read the laws in this area, yeah, you'd be held responsible. I can't cite a case where it's actually happened, but it certainly is possible.

      Remember, it's not the spirit of the law, it's the letter of the law that's important. Issues like this really do need to be addressed in the modern day.

    11. Re:Its about child support by Karmashock · · Score: 5, Insightful

      http://www.rolereboot.org/sex-...

      It isn't a fantasy... it is just rarely reported. Men don't run to the cops when they get coerced or forced into sex. At least usually not.

      The reasons for this are many but it is still rape. And the fact of the matter is that under the law, if she gets pregnant, he's as responsible for the child as if it were not rape.

      That's about as fucked up as forcing a woman to marry a man that rapes her. It is the same situation with reversed gender roles.

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    12. Re:Its about child support by jittles · · Score: 0

      Were that the case then the woman would not have custody of the child.

      Again it all comes down to the welfare of the child. If the child has never seen his father, then ripping the child out of the home of its mother would not be in the best interest of the child. You can look at a court case, or talk to a lawyer and you'll see that in this case the father would almost certainly be held liable for support, regardless of whether or not he was involved in the life of the child. And even if the father is involved, he would not likely be granted sole custody just because the mother lost her job, or was otherwise on state assistance. That would just be ridiculous in cases where the mother was, for instance, a stay at home mom prior to a divorce or separation.

    13. Re:Its about child support by itzly · · Score: 2

      What exactly is wrong with that? You both made a decision to have sex, knowing that contraception is not 100% reliable and that the other person could be lying, and decided to chance it. The result is that you created a baby, and you are held responsible for your actions.

      What if the condom worked reliably, but while the guy was in the bathroom, she recovered the condom from the garbage bin, and impregnated herself ?

    14. Re:Its about child support by rhazz · · Score: 0

      There was a dude that was literally drugged, woke up tied to a bed with a girl on top of him, he ejaculated in her because men really don't have any control over that if you're bouncing on top of them, he told the police about it immediately, the police did nothing, she got pregnant, gave birth, filed for child support, and the courts made him pay for her rape baby.

      But my doctor told me that in cases of a true rape, the man's body can prevent the pregnancy.

      Seriously though, this needs a citation. I really really want to read about this story.

    15. Re:Its about child support by Karmashock · · Score: 1

      As to what is wrong with that, you have a right to choose. In having a right to choose you have responsibility.

      The man cannot compel you to have an abortion or compel you to accept his penis. The woman has more control over the situation than the man does and therefore must be responsible unless she has gotten some sort of agreement from the man to provide support.

      That is, if you want him to raise your baby... you'd better make sure he is willing to do it and not just cut his condom up and then blind side him 9 months later with a baby picture and a court writ for child support.

      As to clarity with my position, it is that if women have a choice they have responsibility. The responsibility COMES with the choice. The choice is not free. You don't get rights without responsibilities.

      So riddle me this, in your mind what responsibilities did women get that they didn't have before they obtained the ability to abort their pregnancy at will? Men got no new rights and if anything have lost rights. As such, men must have reduced responsibility.

      Think of a child... a child has very few rights and very few responsibilities. Think of a person in a high responsibility job... a doctor or a police officer. Notice how their rights to do things expand with their responsibilities.

      This is how everything works. Currently there is a disconnect with these laws in that they are still synced to an earlier time that predates the current status quo. It makes no sense. It would be like applying slavery laws to black people even though they're not slaves anymore.

      The legal and logistical status of women has changed. They're not what they were and their options are not what they were. As such the laws should reflect that. That is my position.

      As to citations... There are so many fucking links.
      http://www.usatoday.com/story/...

      I mean come on. Learn to google.

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    16. Re:Its about child support by Anonymous Coward · · Score: 0

      There was a dude that was literally drugged, woke up tied to a bed with a girl on top of him, he ejaculated in her because men really don't have any control over that if you're bouncing on top of them, he told the police about it immediately, the police did nothing, she got pregnant, gave birth, filed for child support, and the courts made him pay for her rape baby.

      In the more common reverse situation, a pregnancy resulting from a man raping a woman, are you claiming the victim does not incur any financial cost? Are you arguing that rape-victims-that-become-fathers have less obligation towards their children than rape-victims-that-become-mothers?

    17. Re:Its about child support by Anonymous Coward · · Score: 0

      You shouldn't take any utterance from PopeRatzo seriously. In just my three months here, he has proven himself to be an ideologue chucklefuck intent on producing more smoke than light.

    18. Re:Its about child support by Karmashock · · Score: 1

      I see nothing in your comment to justify your position or undermine mine. You merely threw out some insults and then presumed superiority without basis.

      You are therefore almost certainly a troll. As you're also an AC, that is all but certain.

      Conclusion: Fuck off and die, shithead. :)

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    19. Re:Its about child support by AmiMoJo · · Score: 0

      As I said, you decide to sleep with a stranger you just met, you take your chances that they might be up to no good. Just like you take your chances with STDs and a myriad of other potential dangers.

      What they do might be breaking the law, it certainly sounds like it should be. The point is that you take a risk, and up until the point where you become the victim of a crime you must accept the consequences of your risky behaviour.

      --
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      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    20. Re:Its about child support by PopeRatzo · · Score: 1

      "rolereboot dot org"

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    21. Re:Its about child support by PopeRatzo · · Score: 1

      I'm still trying to wrap my head around "literally drugged".

      --
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    22. Re:Its about child support by PopeRatzo · · Score: 1

      Wait, here's an actual quote from an article on "role reboot dot org". (not a "literal" quote, or a "figurative" quote):

      Bruce Jenner is 65, but as a self-described loner, the people closest to him, whom he loves the most and is most concerned about, are his 10 children

      A "self-described loner" with TEN kids?

      --
      You are welcome on my lawn.
    23. Re:Its about child support by AmiMoJo · · Score: 0

      So riddle me this, in your mind what responsibilities did women get that they didn't have before they obtained the ability to abort their pregnancy at will? Men got no new rights and if anything have lost rights. As such, men must have reduced responsibility.

      Around the time abortion became a relatively safe and widely available medical procedure most places did not have strong child maintenance laws, if any.

      The broader point is that biology is what it is. You can't force a woman to undergo a medical procedure for your benefit and against her will. That's the risk you take by having sex with her. It might seem unfair, but it's not like she can do anything about it. It's the same with surrogacy, once pregnant the biological parents have limited rights. No court would allow any kind of contract absolving responsibility to be enforced, as you can't make a contract with an unborn child.

      Is it really that burdensome to avoid ejaculating in and around people you don't trust? Obviously rape is already a crime and chances are you would get custody of any child, which you could then offer for adoption.

      --
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      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    24. Re:Its about child support by Karmashock · · Score: 2

      No. Rape is a crime. It is wrong. And anyone that does it should be punished severally.

      If a woman rapes a man, has a child without his knowledge or consent, and then demands child support... how does making the man pay child support punish the rapist? You're rewarding the rapist.

      Lets reverse this so you can understand how fucked up this is... lets say a dude drugs a woman, and extracts some of her eggs while she sleeps. Then he mixes that with some of his baby batter and implants the embryo into a surrogate, then nine months later without her knowledge he demands that she pay child support.

      Sound reasonable or does it sound psychotic? Because it is psychotic.

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    25. Re:Its about child support by Karmashock · · Score: 1

      I am having a hard time finding that exact story. I'll keep looking for it. This one is easy to find though:
      https://www.lifesitenews.com/n...

      Statutory rape. These are really common. And while in the reverse situation the boys are treated as rapists and often sex offenders... the women are literally given money.

      Reverse that... 20 year old man has sex with 14 year old girl... yeah, he's going to jail. And when he gets out, he's going to have to knock on doors to tell people that he's a pedophile.

      Woman does the same thing... and not only does none of that happen but the guy she had sex with is being asked to pay child support.

      Lets reverse that again so you can understand the depth of the fuckery... Lets say a 20 year old guy had sex with a 14 year old girl... and not only did he not get into any trouble for it, but lets say she was forced to marry the 20 year old guy or otherwise make some serious commitment to him.

      Seem reasonable or absurdly fucked up? Rhetorical question of course... its fucked up.

      I'll keep looking for the other story. It happened and the courts did ask him to pay for the rape baby despite him filing a police report roughly around the time of conception citing her for rape.

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    26. Re:Its about child support by Karmashock · · Score: 1

      You're just trying to justify an imbalanced relationship between rights and responsibilities.

      You can't.

      As to your notion of biology and your conflation of that with force and then conflating both of those again with society's legal response... no.

      Biology is what it is... that is true. I grant that.

      However what we deem to be moral or not moral is very flexible. I can morally justify dropping an atomic bomb on someone under the right circumstances. And so can you.

      The issue is, what responsibilities do women have in this situation? If they have the ability to abort and we could even say the man is obligated to pay for the abortion if you like... though going havsies would be more fair.

      If she chooses not to do that, then SHE chose to have that child. That was HER choice that SHE made for HERself.

      I am not forcing her to do anything. She can do whatever she wants. And the resulting consequences are her responsibility.

      Now, if she really didn't have any choice, then that changes things. With limited rights or options you have less responsibility. The more rights and options you get the more responsible you get.

      As to the risk of ejaculating in women... you've created a situation where only men are responsible and where women can decide at any time what is going to happen and bind the man after the fact to the consequences.

      That's textbook injustice.

      What is more, if the man took steps to avoid pregnancy and she intentionally sabotaged those steps by say poking holes in his condom... the law as written would still make him responsible. Even if she intentionally deceived him.

      Now you say "well you shouldn't have sex with people you don't trust" except for the law doesn't work that way in any other circumstance.

      Lets say I enter into a business contract with someone and they lie to me, they falsify documents, they misrepresent things, and they do it intentionally to get some advantage or fuck me over in some manner... what is the law going to do if I can prove that? It is going to charge the other party with fraud. And possibly send them to jail.

      A woman who does that however gets child support... because vagina.

      Look, I'm only asking that the laws be balanced.

      You want men to be on the hook for all this stuff? Fine. We can roll everything back to how it was in 1850 or something and men will of course be held accountable.

      However, if you want to push this whole equality thing... which I fully support, it has a price.

      The price of equality is equality.

      Did you get that?

      The price of equality is equality.

      Which means all you have to do is reverse these situations by gender and then pose the question of whether that makes any sense. Lets say a man extracted an egg from a woman by some means. Then without her knowledge gestated it into a baby. So about 9 months after the fact and not seeing this guy since... he calls her up to say "you're a mommy and you owe me child support!"

      Sound reasonable? That is basically what happens in many situations.

      Sex in 21st century America is generally understood to just be SEX. It isn't baby making. It isn't a marriage proposal. It is two people rubbing their genitals against each other for an hour followed by some showers to clean the fluids off. That is what it is in the 21st century.

      If you want more than that, then ask for it. Say "you seem like a person I'd like to a family with and I sure do like rubbing my genitals against your genitals." If you didn't do that, then I don't see why in the 21st century anyone should be held automatically liable because someone decides unilaterally to have a child.

      You do it consensually or you don't have my consent.

      The fun bit will be when the more reliable male birth control pills come out. There are already a few that are quite promising. They basically block the sperm from being added to the semen. I don't remember how it works mechanically but from what I understood, it doesn't change male hor

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    27. Re:Its about child support by Anonymous Coward · · Score: 0

      Then he will never know the truth, be forced to pay for a sexual predator's heinous act, and women everywhere, like AmiMoJo will vehemently defend her right to every last cent she can get and to stay out of prison if her plot is ever discovered- for the sake of the child of course.

    28. Re:Its about child support by Karmashock · · Score: 1

      If all you care about is the welfare of the child, then provide the child with welfare.

      Compelling the man to pay for things that are not his responsibility and he had limited control over is not reasonable. What is more, you are effectively rewarding the woman despite her having more control over the situation than anyone else.

      You could for example bill her social security. If what you care about is the child... then deduct the payments from her social security. That balances the accounts out and sees the child cared for.

      Simply fucking over the man when he had less control over the situation is literally unjust. Your scales are not balanced.

      Balance them.

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    29. Re:Its about child support by Anonymous Coward · · Score: 0

      Fair enough so long as the child is required to pay and do the things children also have to do out of much loving care for their parents. For example, they will need to put the estranged parent up in their home when they're frail, or they could pay for the nursing home if it's beyond the parent's financial reach. And they'll need to pay for his coffin and burial at death. If they refuse, take away their license! Put them in jail! Because they don't love their parents!

      After all, if we're extending child support past the basics and into aftercare (I'm assuming you'd also like it to cover the child's wedding and a down payment on their house, because "loving parents" are a giving tree, aren't they) the child should be bound by law to pay parent support.

      Only children that don't love their parents wouldn't support their parents in their retirement!

      Or shall we just drop the charade and stop calling it "child" support after emancipation?

      Let's also not forget those "loving parents" will be getting almost all the university payments back in tax refunds. I'll let you guess what the tax refund is for child support, even if it is ostensibly paying for university.

    30. Re:Its about child support by Anonymous Coward · · Score: 0

      You misunderstand the purpose of child support laws. They exist to ensure support for the child, who is never able to give consent. That's is why consent isn't part of the equation. If you are the parent or guardian of a child, you are responsible for the child, even if you would prefer the child did not exist.

      Your psychotic egg-harvesting fantasies don't change anything. The child still needs support, and the obligation to provide that support lies with the parents.

    31. Re:Its about child support by 0xdeadbeef · · Score: 2

      You both made a decision to have sex, knowing that contraception is not 100% reliable and that the other person could be lying, and decided to chance it.

      This is what feminists actually believe.

      Somehow I doubt they would say this if the issue was a man sleeping around and lying about having a venereal disease.

    32. Re:Its about child support by Karmashock · · Score: 1

      Incorrect, I understand completely. I merely disagree with your solution to the problem being that the man must be fucked over because fuck him.

      You're going out of your way to not put any consequences on the woman, you're ignoring the man's end of the matter entirely, and all things being equal, you have made the calculation that if a party is going to suffer, it should be the man.

      Why? You say for the child? Who says we need a woman to raise a child? Children are raised all the time by their fathers.

      If the woman is unable to support her child, then I think it is entirely appropriate for the state to for any family relation that can care for the child. The biological father, grand parents, uncles, aunts, anyone. And if they can't find anyone, then possibly foster care is the best solution.

      Leaving the child with a mother that cannot support the child does not seem like a rational idea.

      For one thing, the mother demonstrably doesn't know how to take care of herself or she wouldn't need someone to take care of her.

      And that being the case, what kind of role model is that mother going to be to a child? How can she teach the child to be an adult if she is herself not mature?

      Think about it.

      Leaving the child with the mother is pretty much one of the worst possible ideas IF she can't take care of the child without assistance.

      Now, I am not including divorces in this because the woman could make choices when the marriage is sound that don't make sense when the marriage breaks up. In that context she could make entirely rational choices at one point that don't make sense later and the man does have an obligation to see that children conceived during their marriage are cared for whether or the marriage is subsequently dissolved.

      However, pregnancies that occur PRIOR to or AFTER the such a contract or agreement are the responsibility of the mother.

      And a woman that doesn't recognize that is not behaving like a mature 21st century woman.

      As to your rejection of my analogy, if you can't indulge in an analogy for the sake of argument then by your own admission you're not discussing this in good faith.

      Either go through the thought experiment for the sake of argument or your position is little more that tautology.

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    33. Re:Its about child support by sjames · · Score: 1

      Alas, even if she signs in blood, it will not actually absolve him of child support. The courts will hold it invalid and order him to pay.

      In the current legal climate, his one and only option to avoid it is to refuse to consent to implantation ever.

    34. Re:Its about child support by Alomex · · Score: 1

      Fair enough so long as the child is required to pay and do the things children also have to do out of much loving care for their parents.

      Indeed, in most of the countries where supporting your kid in university is the law/common practice it is also the law/common practice to take care of your parents when the time comes.

    35. Re:Its about child support by Anonymous Coward · · Score: 0

      >Indeed, in most of the countries where supporting your kid in university is the law/common practice it is also the law/common practice to take care of your parents when the time comes.

      Really? I need to introduce this concept to Canada, where no parental support exists. Could you point me out where it is the case so I can suggest it?

      (100% serious... ...I never knew parental support was actually a thing)

    36. Re:Its about child support by Anonymous Coward · · Score: 0

      If she keeps those eggs on ice for ages and then randomly decides to defrost them and germinate a few in her magic garden... then the guy is responsible child support.

      No really.

      No, not really. They weren't married at the time. That means the presumption of child rearing together isn't there, and the article itself even indicates that they knew they weren't in a long-term relationship, but were knowingly taking a precaution for the woman's sake. And had she released more eggs, they would have kept some of them unfertilized, rending the issue moot. But that didn't happen, so the doctor advised them to fertilize them all for better viability. Given the circumstances, using his sperm wouldn't necessarily constitute parental liability any more than sperm donation does...or more than using sperm donation would absolve it in the event of a married couple.

      But, are there any filings that indicate he's raising it as an issue? All the article says is that he doesn't want the appearance, which means he knows he'd have to NOT be the father to well, NOT be the father. If you start acting as a father, you'll end up paying child support even if it's not your child.

      Child support laws basically assume that birth control and the last 100 years of medical science didn't happen. The concept of them is that if she got pregnant in any fashion by your porn star energy drink... then you've apparently consented to be a daddy.

      Oh this? That's what you think? Any fashion? Last 100 years of Medical Science basically doesn't have any consideration in the law? You'd be wrong, and since the 1970s at the east. There are numerous states where donated embryos, eggs and sperm are specifically addressed in the law. All you have to do is follow the proper procedure, and the child support issues you worry about? Won't be a problem.

      http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/erickson.html

      You can look up the statutes of the listed states if you wish to review how they've been updated to reflect current needs. Or if you want, you can look up Illinois in particular. They require a doctor's involvement and some other certifications.

      Given that we have frozen embryos here, I think the doctor's involvement is established. The rest? Would be a matter of facts for the court to consider, were it to come up. If they weren't done properly, then you'll want to talk to the lawyers or other professionals involved. Maybe they failed to do their due diligence.

      But there are laws that have been updated to address these kinds of circumstances. Follow them, get what you want. Don't? You may pay a price for that, as that man in Kansas found out. If he'd consulted a lawyer, they'd have been able to tell him otherwise.

      Now you might say there are some places that aren't up to date, or that the laws aren't yet adequate, or qualify your remarks but your assertion was the excessively hypebolic "pregnant in any fashion" and that followed the claim the laws have no recognition of any recent medical development without narrowing it down to even your particular locale.

      That's quite clearly not actually true. Try tempering your remarks in the future. If you want to say you are unsatisfied with the current legal situation in some jurisdiction, say that, and say why, without the additional commentary when it is easy to establish that it is false. Then you can suggest your improvements, and bring them to your legislator for them to be act upon them, perhaps if you have good ideas they will be codified into law.

      But before you do so, you should at least have some knowledge of the actual current legal state of affairs. Otherwise it'd be like going into the Supreme Court hearing on Obergefell v. Hodges and asserting that marriages were the exclusive province of religion and churches. You'd only look foolish yourself.

      Which ok, to be fair, is not an impediment to going into the Supreme Court. Or being on the Supreme Court. If you read some of the transcripts from yesterday, you'd wonder how anybody could shovel that much bullshit in good faith.

      Still, you can do better.

    37. Re:Its about child support by Talderas · · Score: 1

      Or we could just swap the gender of your comment and you can realize that it's thoroughly sexist.

      --
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    38. Re:Its about child support by david_thornley · · Score: 1

      I'm having problems with your claim that, if the mother cannot currently support a family, the child should be removed from her. There's quite a few reasons why a mother may not be able to support herself and her child that have nothing to do with immaturity. In one case I knew, the woman was having problems getting a job due to medical issues that didn't interfere with her ability to take care of her son. In many cases, a person may fall on temporary hard times, such as a child having an expensive medical condition. The average stay on welfare is, IIRC, about three years. Removing the child from the mother can be a permanent problem as a solution for temporary problems, since her fitness as a mother isn't the same as her fitness to raise a child without help and earn a reasonable living for both of them at the same time.

      --
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    39. Re:Its about child support by goose-incarnated · · Score: 2

      You go on a one night stand with a girl at a bar... use a condom... she says she's on the pill... she calls you six months 9 months later to tell you that you're a father... Congrats, you're playing child support.

      What exactly is wrong with that? You both made a decision to have sex, knowing that contraception is not 100% reliable and that the other person could be lying, and decided to chance it. The result is that you created a baby, and you are held responsible for your actions.

      Two people have sex and one is responsible? The problem is your are conflating "consent to sex" with "consent to children". Just because I give my consent for sex does not mean that I give my consent to become a father.

      Consent to sex is not automatically consent to children!. Down that path lies madness for everyone - if you believe that consent to sex is the same as consent to children then you'd better be prepared to force females to carry their foetus to term - after all they gave consent, right?

      It all comes down to this: do you believe that consent to sex automatically gives consent to children?

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    40. Re:Its about child support by James+McGuigan · · Score: 1

      You mean like this gossip story involving Princess Diana's fertility test pre-embryo's which where stolen by a rogue doctor and implanted into his wife as a surrogate. She is apparently called Sarah, and if it wasn't for the cutoff date on male-first inheritance of the crown, she would technically be in the direct line of succession, after Prince Charles and before Kate Middleton.

      http://metro.co.uk/2015/04/25/...

    41. Re:Its about child support by Karmashock · · Score: 1

      As to really versus not really... There was a lesbian couple that approuched a man and asked him to donate sperm so that they could have a child.

      The man obliged and I believe had sex with one of the women until she got pregnant. It was an implicit understanding that he was not to be responsible for anything.

      Then the lesbian couple broke up and the pregnant woman or woman with a child at that point went on welfare. When she told the welfare office who the biological father was, they sent him a bill for child support.

      So yes. Really.

      As to the donation laws being fairly current, yes if you go through that explicit process and use registered sperm/egg banks. However, as the lesbian situation reveals above, if you donate your seed but don't go through the official process, they will hit you up for child support.

      So, no it isn't really updated. And the biggest issue is that it doesn't acknowledge that women now have a choice. And if they have a choice then they made a choice. Their choice.

      Am I saying I want to see single mothers left without support? Nope. But neither do I want to see single men or fathers treated like second class citizens and made ultimately to pay for the decisions of women they might have only met once in what they thought of as a purely recreational activity.

      Men assume in the 21st century in the Western world that women are going to get precisely as pregnant as they want to be. And are we wrong? If a woman wants to get pregnant, she can do it really easily. If she doesn't, then she can do that really easily too. She can also do that while having all the sex she wants or not at all.

      And at no point does the woman risk being forced to raise a child or pay for a child if she doesn't want to do that.

      Men under this system are routinely forced to participate if only financially in the raising of children they gave no consent to birthing. And now, sticking your penis in her vagina is not consent to make a baby and then make me pay for it. In the 1850s, sure... I see the logic there. But in 2015? Give me a fucking break.

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    42. Re:Its about child support by Karmashock · · Score: 1

      Yep. I suppose he could take out an insurance policy for the potential liability. No clue if that would be a bargain or not. But maybe someone would be willing to take a bet on it.

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    43. Re:Its about child support by Karmashock · · Score: 1

      I would sooner do that then compel the biological father BY LAW to provide for the child IN THE SITUATION where he was known to have NOT consented to take responsibility for the child.

      You want to provide a mother with welfare. Fine. YOU get to pay for YOUR view points. That is only fair is it not? I will pay for what I believe in and you get to pay for what you believe in.

      You want the state to keep the single mothers on welfare? I can't stop you from giving away other people's money.

      As to your various issues revolving around why its hard to be a single mother... that is why it was not traditionally done. Human females and human males are dimorphic and they rely upon each other to provide given services beyond their rubbing their gentles together.

      Men are unable to gestate young. However, men have an excess of labor. Men don't get pregnant which means they don't have to worry about spending months on their back unable to provide for themselves.

      Women have had this problem since always. Which is why men and women pair bond with each other. It is a contract of sorts. The male provides protection, food, and whatever other assistance he can... and in return the female offers reproductive access. Often this extends to an exclusive contract such as marriage.

      A married woman doesn't have these problems. Now am I saying a woman has to get married? No. Of course not. No one has to do anything. You don't have to breath if you don't want to. I certainly won't force you to.

      But raising a child without being married is harder. It just is and even with all the welfare it is still a lot harder to raise a child solo than it is with a social safety net.

      Now, what happens dynamically if follow my advice and start cutting the subsidies?

      Women are going to feel increased pressure to form a marriage contract as a precursor to reproduction. Now, modern ideology and morality would say that is bad because often these marriages are loveless and simply marriages of convenience. However, if our interest is the CHILD what serves the interests of the child more? Getting a mother and father, with a social safety net... maybe the parents have lots of fights or are cold to each other but he or she has two sexes providing role models as well as a more consistent and stable household.

      Or would you prefer the welfare mom option which is currently filling our prisons to the brim with angry, confused, and ultimately damaged people? And sure, some people only go on welfare for a little while but we have a lot of welfare queens in this country that were born on it, raised on it, bore their children on it, and are currently raising their children on it. You talk about putting limits on welfare and they say you're hurting people. So we have no limits. You can just get welfare forever.

      I know I know... I'm a heretic. A witch. Burn me. Burn me... or as they say here, Flame me :D

      I'm as easily wounded by flames as a noble gas is ignited by - anything. HaHA, chemistry boasts! :P

      Seriously though, I'd love to hear a rational rebuttal. I don't expect one because all I get on this issue is fucking pesants crossing their fingers and screaming UNCLEAN!... No offense. Just what I expect these days.

      But that won't stop me from expressing my opinion. If the pitchfork and torch crowd wants to add me to the bonfire, that's just part of the game. :)

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    44. Re:Its about child support by Anonymous Coward · · Score: 0

      It all comes down to this: do you believe that consent to sex automatically gives consent to children?

      Sure. How is that even a question? It's like asking, "do you believe that going to eat at a restuarant may result in you needing to visit a bathroom sooner than if you had not?"

      Now, that may not be the planned result, but if you cannot accept under any circumstances that it occurs, then frankly you shouldn't be having sex. You can do things to get the odds in your favor (whether to have or not have children) as much as you like, but if you can't accept that things didn't go your way, you have no right to insist other people in the world change their behavior to suit you.

    45. Re:Its about child support by Anonymous Coward · · Score: 0

      Two snips to start, as they concern the same subject:

      As to really versus not really... There was a lesbian couple that approuched a man and asked him to donate sperm so that they could have a child.

      .

      As to the donation laws being fairly current, yes if you go through that explicit process and use registered sperm/egg banks. However, as the lesbian situation reveals above, if you donate your seed but don't go through the official process, they will hit you up for child support.

      Oh goodness, this indicates that when I said "But there are laws that have been updated to address these kinds of circumstances. Follow them, get what you want. Don't? You may pay a price for that, as that man in Kansas found out. If he'd consulted a lawyer, they'd have been able to tell him otherwise." that you didn't know I was talking about that exact case. Is that true? Did you miss it for some reason? It's kind of difficult to engage in a conversation if you're not following me, and I've already talked about this thing you're bringing up again, while you aren't even aware of my addressing it already in my post.

      So, no, not really. That group of people? They didn't follow the law in Kansas. They didn't use a doctor. The man would be off the hook if only he'd insisted on going to a doctor rather than doing it at home. Not an issue here, it being pretty difficult to get fertility drugs, extract eggs, fertilize them, and then store them yourself. It's not impossible, but you have to be like Bruce Wayne level to do it.

      I doubt that's the case here. They went into it knowing this was a backup and that this was a short-term relationship, not a marriage.

      So we have every reason to believe that an appropriate waiver of parental liability in compliance with the laws of Illinois are in place. If you want to establish otherwise, show me somewhere that is a claim he is making.

      So, no it isn't really updated.

      Nope. They've been updated in every place I know about. Can you show me one that hasn't? Illinois's statutes were put into effect in 2007, so you'd be wrong in that state, which is the one that concerns this article. You may not agree with the terms, you may not be satisfied with the current laws, you may want to work for changes, but the laws have been updated in many ways, so your initial claims are easily demonstrated to be excessive. States aren't relying on 100 year old laws, and there are provisions to handle sperm, egg, and embryo donations. And many places even have provision for gestational surrogacy. All that couple in Kansas had to do was go to a doctor and get the fertilization done. They chose otherwise. So did the man. If any of them had consulted a lawyer, they'd have said...go to a doctor, that's what the law requires.

      Meanwhile, don't follow the requirements to absolve a parental liability? Then it's your fault for not following the law. You might as well claim somebody who has a surrogacy agreement in a state that forbids any such enforcement. Go to California or another state instead. Same as if you want Medical Marijuana. Go to a state where it is legal. Or alcohol. Don't try to buy it in a dry county.

      Of course, if you want to go a step further, and blame Kansas for not having same-sex marriages which would also simplify the issue, as the presumption of child rearing in marriage is also established in the law(and in fact, the precedent of parentage is another issue that has been updated in the laws of most places as well, if you as the father/husband, want a test to establish paternity, you can. It's rarely necessary for the mother, except in cases of artificial implantation, and that is standard practice AAMOF), well, that's up before the Supreme Court right now. Probably too late to file your own brief though.

      But still, for that, if you want to blame Kansas, go for it. That is something for which your complaints would be substantially mo

    46. Re:Its about child support by PopeRatzo · · Score: 1

      Or we could just swap the gender of your comment and you can realize that it's thoroughly sexist.

      Where is the gender in my comment? I used no gender specific pronouns.

      MRAs and reading. They don't go together.

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    47. Re:Its about child support by AmiMoJo · · Score: 1

      Two people have sex and one is responsible?

      I'm not sure what you are asking, clearly I'm saying both people are responsible so why ask if I think only one is?

      The problem is your are conflating "consent to sex" with "consent to children". Just because I give my consent for sex does not mean that I give my consent to become a father.

      True, but when you drive a car you don't give consent to have an accident - it's just something unfortunate that happens sometimes as a consequence of taking that risk.

      Consent to sex is not automatically consent to children!. Down that path lies madness for everyone - if you believe that consent to sex is the same as consent to children then you'd better be prepared to force females to carry their foetus to term - after all they gave consent, right?

      Using contraception would seem to be very clearly not giving consent. That's different from accepting responsibility in the event of an accident though. Women clearly do accept the responsibility for having to choose between carrying to term or aborting, since they have no other choice but to do so.

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    48. Re:Its about child support by Shados · · Score: 1

      Gonna need a citation for that one. Obviously rape is illegal and should be prosecuted. I don't see how it relates to this kind of responsibility, since the actual problem (if it's true) is that the police failed to investigate and prosecute a rape. If they had, the father could have put the child up for adoption immediately and be absolved of the responsibility to pay maintenance.

      You won't, because its so common you can look it up in 3 seconds with statutory rapes instead of "guy being drugged". The laws are very clear the responsability is to the child, not the mother, and thus the fact that the mother is a rapist is irrelevent. The rape victim has to pony up the cash.

      Isn't that great?

    49. Re:Its about child support by Anonymous Coward · · Score: 0

      Yep, because those statutory rape findings often determine the male was a willing participant in the activity. Some to the extent that they want custody, and have relationships with the woman after reaching 18.

      Find cases where it was coercive rape, then we'll talk about them.

       

    50. Re:Its about child support by Karmashock · · Score: 1

      You're just defining injustice. In no other respect of the legal system will you find people defending fraud as legitimate... and saying to the victim of fraud "well you shouldn't do that with people you don't trust."

      You bring up the STDs but that is a sad attempt to conflate a medical condition with the law. At no point is the law judging that someone should or not be infected with STDs. You are however determining that party A must be forced to pay for party B's choices even though party B was shown to be deceptive, manipulative, and effectively guilty of fraud were the subject anything but paternity.

      Name any other situation where the law would so cavalierly say "sucks to be you" and then fuck you? None exists.

      As to the risk, the risk is that she can decide if she wants to get pregnant and the man has less influence on the matter than she does.

      That being a fact, she must bare responsibility for it. Especially since the vast majority of sexual contact in the 21st century society is inherently recreational with no presumed commitment.

      Restrict liability to stated agreements and the culture will change for the better. Women will seek a commitment from men more ardently because they know they have to get it for him to be bound to support her. The hookup culture will polarize with those that want nothing but the hookup being quite happy to carry on and those that don't like it will focus instead of longer term relationships.

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    51. Re:Its about child support by Karmashock · · Score: 1

      So if I have sex with a 14 year old girl and she consented to it, then it isn't rape?

      I don't think you understand what statutory rape means. It means the minor, by virtue of their immaturity, cannot consent.

      It is a question that takes this long to determine "was party X under age Y?" Yes? Then its statutory rape.

      If a man did that to a 14 year old girl, he would go to jail and then have to inform everyone he lived near for years that he was a sex offender.

      This woman however is forcing the boy she effectively raped to pay child support.

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    52. Re:Its about child support by Karmashock · · Score: 1

      That runs contrary to English common law and the way contract law has worked in the US since always.

      If two people make a consenting agreement between each other... write out their intent on the back of a napkin... each sign it and then do something together... that writing on the napkin can be used to establish the intent of the parties.

      In this case, the actual person that should have been put on the hook was the other lesbian. SHE should have been been put on the hook. Not the man that donated his sperm on the understanding that there would be no liability and that those two women would raise the child as a couple.

      Strip gender identifiers out of this entirely.

      A couple can't have children with each other. So that couple seeks a third party to provide them with something that facilitates them having children. That party consents on the understanding that they will not be held accountable for raising the child. This party provides the good or service that permits the birth and then the couple subsequently break up.

      Then the state rather than coming to the other member of the couple that consented to take care of the child during conception... instead goes after the third party that only consented on the understanding that they would not be held accountable.

      This is indefensible and you won't find such barbaric anachronistic logic used anywhere in American law outside of paternity cases.

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    53. Re:Its about child support by Karmashock · · Score: 1

      what is an MRA?

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    54. Re:Its about child support by Karmashock · · Score: 1

      The male birth control pill is not long from being a reality. It will sort this issue to a great extent.

      Out of curiosity, if a man is on a male birth control pill and the woman literally sticks a needle into his testicles to extract sperm... would you hold him liable for child support if all of that happened without his consent?

      My understanding of the male birth control pill under development is that it blocks sperm from being released from the testies. They're still produced, they just don't go anywhere.

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    55. Re:Its about child support by AmiMoJo · · Score: 1

      I'm not justifying fraud. It's a crime, it should be punished.

      STDs are a good example. If someone knowingly gives them to another person they can be prosecuted in most places. It's a form of assault. There have been cases prosecuted in the past, notably for deliberately passing on HIV. That doesn't mean you aren't taking a risk that the person genuinely has no idea they have an STD though, and if you get one you usually can't claim your medical expenses back because there is no proof that they were negligent, or at least no more than you were.

      It's the same with many other legal issues. In the event of an accident involving two cars the blame is split according to who is responsible. If both cars tried to merge into the same lane it usually goes 50/50. If one is entirely to blame, or broke the law by being drunk, that's a different matter.

      We tried your system where the man has no responsibility back in the 50s and 60s. It didn't work very well, that's why the rules on paying maintenance were brought in. It's not fair on the child.

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    56. Re:Its about child support by Karmashock · · Score: 1

      As to cars, who is guilty when one car runs into the rear of another?

      Almost always the car behind because they have more control over the situation. You can't win comparing the situation to other aspects of law because I am quite right when I say that paternity law is treated differently than any other portion of law.

      What we currently have is a situation where a party with MORE control than another is held to a lower standard of responsibility. That is unprecedented in any other context in the legal system of English common law, American law, or really any legal system I'm familiar with... Treating it differently is common throughout the world, however that difference in treatment does not a take birth control into consideration AT ALL. And as a result, it does view the situation as you say... like two people merging into the same lane. The 50/50 split. But the 50/50 split only holds valid if there is no birth control.

      You wanted a right to choose. I support that right entirely. But in gaining that right you have control and in having control you have responsibility.

      You do not gain power without gaining responsibility for that power.

      Period.

      As to your claim that this was tried in the 50s, can you give me some citation so I know what you're at least talking about? I have literally no idea to what you are presuming to refer. For one thing, birth control wasn't in widescale use in the 50s and for another I can find no indictation of a relaxation in the paternity laws during that period.

      Furthermore, for the sake of argument, if I accepted your premise without any evidence or even clue that it was at all valid... if I just take it as a given... then I have to ask, what evidence is there that anything failed during that period of time? The demographics during that period were if anything superior to today in many respects. So I really have no idea what you're talking about.

      Kindly furnish me with something so I can see what you are talking about. I don't need extensive citations to prove you right or wrong so much as some idea of what you're talking about. Your comment is so vague that I can't even really guess what you're talking about.

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    57. Re:Its about child support by PopeRatzo · · Score: 1
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    58. Re: Its about child support by Anonymous Coward · · Score: 0

      On the contrary, I don't think you understand what statutory rape means.

      It means that the state has determined it will presumptively declare that consent cannot be given and criminalize it to varying degrees in order to effect a given public policy goal. Namely creating a deterrent to engaging in such actions, with the particular parameters varying by state.

      However this presumptive declaration does not mean participation isn't willing on the minor's part. As I said, sometimes the parties even want to keep the child and raise it. That's right, they eschew about abortion or adoption in favor of custody themselves. Both male and female. See the thing is, statutory rape laws aside, minors can make decisons and engage in willful condct, and in fact, that is the determination courts will make when this issu of child support arises, that also being a public policy goal. (Said goal being to satisfy the public at large who demands that voluntary participants in reproduction be responsible.) Every case that has been mentioned regarding this is where the courts made such a factual finding. Then they often suspend it till the minor reaches a majority or even completes higher education, because yet another public policy goal comes up. (That of education to become productive member of society) This is also why some states can put the parents of a minor who is a parent on the hook, because wait for it, wait for it, that too is a public policy goal. (Parents being responsible for their children's conduct.)

      So you see, the court is bound by the policies and goals that have been set for it. They are following through with their obligations.

      Show me a case akin to your original example of forcibly drugged, or in other words, where the offense isn't statutory rape then we can talk.

    59. Re:Its about child support by AmiMoJo · · Score: 1

      If the man is raped it seems like he would have a pretty strong case for adopting the child and then putting it up for adoption, thus dissolving his responsibility to it entirely. Clearly the mother won't be able to look after the child while in jail.

      If the current law in your country doesn't allow this, then the law is broken. It's not a matter of principal, it's a matter of the law being stupid. Even in Ireland where abortion is illegal, there is an exception made when the child is the result of rape.

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    60. Re:Its about child support by Karmashock · · Score: 1

      And what point would any of that have on anything? Does advocating for fairness in maternity law make you an MRA? Or does citing anyone that disagrees with you as a member of some rival ideology make you a radical?

      Think about it.

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    61. Re: Its about child support by Karmashock · · Score: 1

      To the contrary, I said very clearly that the consent of the minor was utterly irrelevant. When you say "it doesn't mean it isn't willing" that is true. It doesn't in fact matter. Statutory rape means consent is irrelevant.

      If you have sex with a ten year old, the fact as to whether the ten year old was willing or not is fucking irrelevant. Lets say you're her father... and she loves you. And you ask your 10 year old daughter to spread her legs for you. And she does willingly.

      Is that rape?

      Of course it is... because the consent of a minor in a statutory rape case is by definition fucking irrelevant.

      As to case of forcible rape... okay...
      http://www.cnn.com/2013/10/09/...

      Its a real thing.

      The problem with men in these situations is that first men are DRAMATICALLY less likely to report such an incident than are women. Women are told from a young age that this is wrong when it happens to them. Men are socialized in a completely different way. Thus when a man or boy is sexually assaulted by a woman, we shrug it off or try to rationalize it as a positive thing. But if it came against our will or due to some sort of coercion that is considered rape when it happens to a woman.

      If you're married to the status quo for men, then we could just apply that to women as well. That's the other way to get equality if you insist? So if a woman gets raped, we can just tell her to stop being such a baby or ask her if she got aroused at any point during the incident. That's what men get asked when they report this sort of thing.

        I was reading a conversation between some women and a guy that was talking about this and the woman said "how could you have sex if you didn't want to have sex?"... which is roughly up there with a rapist noticing his female victim has gotten wet at some point and thus concluding that really she wanted it all along.

      Literally.

      The double standard on the issue is frankly pathetic.

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    62. Re:Its about child support by Shados · · Score: 1

      Abortion laws in case of rapes are usually fine because the victim isn't a guy. And in most places, the state will prefer some family member taking the kid over adoption. So maybe an aunt on the side of the mother will take care of it during the 6-12 months the mother is in prison (because the rape was on a guy, so it will be considered a fairly minor offense).

      Yes, the law is broken...almost everywhere.

    63. Re:Its about child support by Anonymous Coward · · Score: 0

      Well, whether or not it runs contrary to the common law, or contract law, is not really a matter of any concern, because state governments have the express authority to construct statutes doing so. Which there are regarding the matter of child support, and in fact, many of these updated statutes I've mentioned? Have expressly been doing so just to get rid of certain common-law notions. That's why married husbands have the right to contest paternity, though the terms do vary by state, so if you are concerned about that issue, please consult a lawyer for your jurisdiction.

      But yeah, so what? The state can say "this is the law now" and if you don't want your state to have the authority to do that, you're going to have to make a lot of changes with very wide ramifications.

      Otherwise, turns out as a general rule, regardless of the intent or desire of any parties, contracts can be held unenforceable, or even outright voided by the state, and in the case of Kansas, that is EXACTLY the case when parties do not follow their state's established process for donating sperm/eggs/whatever is needed for making a baby that in other cases would established parental status. His (and the women's) understanding was wrong. As wrong as the woman in Virginia who thought if she used a turkey baster to impregnate herself, the father wasn't the legally the father and didn't have parental rights. Turns out she was wrong, and he could and did exercise them.

      If they had consulted a lawyer at any time, they would have been told this. Are you not aware that if you don't follow the appropriate legal process to do something that it can be repudiated by the courts? Some contracts have to be written. Some contracts can be found unconscionable or in other violation of public policy. This is not an unknown subject. Any high school civics course should cover it. And no, this doesn't apply just to child support, but also mortgages, employment, and agreements. There are things you have to do the right way if you want the rest of the system to go along. If their lawyer didn't tell them, then they could sue that person for failing to do their due diligence. Just as they could have sued a fertility clinic if they didn't explain the laws and requirements that applied.

      If they didn't consult a lawyer, it isn't the state's fault this group of people didn't know the law. It's not the state's fault they didn't bother to know the law. It isn't like the law is unpublished or secret. It wasn't even recently changed to cause this. The defense you are offering seems to be ignorance. There are a few cases where ignorance can be used. This isn't one of them. None of the parties have diminished mental capacity, and the information needed was readily available to them. They were wrong about the law. That's on them. They knew what they were doing in making a baby. They knew their state wouldn't allow the two women to get married or even adopt a child together.

      Which is why you can't strip gender identifiers out of this. You want to know why? I already told you, because Kansas does not recognize same-sex marriages. It refuses to do so. It's in the state constitution. That meant the lesbian couple couldn't get married in the state, and if they went to another state, Kansas wouldn't recognize it. Same with adoption. And that was voted on by the Amendment process, in a very public fashion, so ignorance is even less believable there. It would have been a lot simpler if they had been married, because when it comes to marriages (or even civil unions), there is a legal process through which parental rights can be assumed. That's right, as far as Kansas was concerned, if had been one man and one woman, bound in marriage it would have been different. (And yes, when you do get married, that subjects you to various requirements and obligations too. Including the presumption of parentage if you don't follow the legislatively established process for contesting it. And yes, this applies to both men and women. But hey, than

    64. Re:Its about child support by rhazz · · Score: 1

      Wow, my first Troll mod. I guess someone didn't get the reference?

    65. Re:Its about child support by rhazz · · Score: 1

      Thanks for that link. I see how it can happen - whatever agency is responsible for collecting child support has no desire to get mired in making moral decisions in the many unique situations that exist, so they stick exactly to their policies. It seems like they really need an appeal process for special cases. I bet some of these people could sue but they are probably in no financial shape to do so.

    66. Re:Its about child support by PopeRatzo · · Score: 1

      Does advocating for fairness in maternity law make you an MRA?

      The comment to which I was responding when I used the term "MRA" had nothing to do with maternity law.

      The part that makes one an "MRA" is the incessant whining and pants-pissing about how feminazis have taken over the world and are spoiling everything.

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    67. Re: Its about child support by Anonymous Coward · · Score: 0

      It indeed doesn't matter to the statutory rape. That's why it is called statutory rape, the issue of consent has been rendered irrelevant by statute, with terms and conditions that vary depending on jurisdiction. The state is declaring based on its own determinations where it will consent to allowing you to do what you do without criminal sanction. Yeah, that's right, you can cross a state line and suddenly intercourse is legal or illegal, depending on the circumstances. Or get married. Though again, the state can have means by which it gives consent or not. Same with child support. The state can consent to waiving your obligations on that, or it can refuse.

      And yes, they do indeed have different standards. One is a criminal matter, the other is a civil matter. Courts can and do find that a minor did willfully engage in the act, or they can find they did not. When it's the latter, then often the criminal offense charge stops being statutory rape and becomes something else, in which case, absent the minor taking custody of the child, child support being levied has not been established as an example. I hardly think it's unfair if a minor child who gets pregnant and choose to keep a baby, and then can't support it after they reach their majority (plus some time to go to college and develop their job skills), has some obligations to the state, though this may be job training and education rather than outright support in many cases. If they weren't given the choice of adoption or abortion, you'd have a fair complaint, but I know of nowhere where neither is an option at all. If you can name such a place, then I will say "That's terrible, they should rewrite their laws"

      But your example of a ten year-old daughter being raped by her father? Nope. That would not be statutory rape either, but yet another offense with different standards. Might be considered rape by an authority figure or something else, depending on the state. There are a lot of different terms used. Some states also have laws against incest which it would violate. And in the unlikely event of pregnancy coming to term, I'm doubtful of any claim that the state would consider allowing the ten year old custody outright. At most, they'd keep the minor from being adopted until the ten year old was able to make a decision, or they'd keep it an semi-open adoption, where the information can be released, as opposed to a pure closed one.

      Moving on, your link has no mention of a pregnancy or a child, let alone child support being awarded, as a result of a minor being raped. All you have is men being raped? Why? Did you think that was the question? No, it wasn't. The issue being discussed wasn't whether rapes happen, whether to men or women, but regarding child support in the event of statutory rape where the minor wasn't found to be a willful participant. Or even non-statutory rape with a non-minor. So you didn't answer my real question. I wasn't asking you to show me forcible rape, I was asking for an example of child support payments that was similar to your original example of being forcibly drugged.

      Were you confused about my question? Was I unclear? I thought it would be easily understood that I was looking for an example regarding the awarding of child support, as that was the subject of concern in the thread of discussion. But to help resolve the confusion which you seem to have, I'll rephrase: Please show me an example where the proven offense isn't statutory rape but rather another charge as defined by the local jurisdiction, or in the case of statutory rape, where no finding of willful participation was made by the court, and in either case, that child support was awarded and the rapist is the one with custody. I'd be surprised if you even produced an example where the rapist was awarded custody. Most of them are in prison for 10 or 20 or more years, and that makes it unlikely to get custody. Or even parental rights. What would happen is that the court would severe parental rights, and unless the v

    68. Re:Its about child support by Karmashock · · Score: 1

      I have to post my response on postbin because slashdot is being retarded again and citing me for triggering the "lameness filter". The filter triggers when you type in all caps or use the same character over and over again. I did neither of these things but it won't let me enter the post. So I'm putting it on postbin and then giving you the link to the post.

      Nothing I can do about it.
      http://pastebin.com/eWNk9Yiq

      I tried removing paragraphs and adding them to find out what it was complaining about.

      Apparently it is this paragraph:
      ""What is the difference here? What are you accomplishing with the sperm bank that is not accomplished with the napkin? The napkin is a record of the intent of the individuals at conception. So if you want intent... the napkin has it. What is the sperm bank giving you? Because frankly, your stipulation is sounding arbitrary and pedantic.""

      But it only complains when the rest of the post is included with it. Remove the whole rest of the post except this paragraph and the lameness filter is not triggered. Remove just this paragraph and it is not triggered. Include both and it is triggered.

      If you know what it is reacting to, I'd appreciate it. I can't figure it out so I just put my posts in pastebin when it seems to trigger for no reason.

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    69. Re: Its about child support by Karmashock · · Score: 1

      As to your statement that laws different from state to state, I don't see the relevance of that point. Obviously laws change from one jurisdiction to another. You go to a different country and you can probably engage in behavior that most of us would regard as rape yet would be entirely legal there. So kindly stop clouding the issue. Statutory rape is still rape. And I don't especially care if the laws are not universal throughout the entire planet. I don't see how that matters.

      Can you show me some evidence of a 20+ year old man having sex with a 14 year old girl and being not only not punished but rewarded by the state for it? You can cite any case with those variables... you can include a case where there was consent or not. Go for it.

      My guess is that you're going to have a very hard time finding a single fucking one which puts you in the position that the young girls never consent which is completely impossible or admitting that the legal system doesn't give a shit... and being that you are going to be in the position of ultimately admitting that the legal system doesn't give a shit, you're going to have to admit that your interpretation of statutory rape contains a gender based double standard.

      And once you've admitted that, we can conclude this tangent and get back to talking about the paternity issue.

      Your move. Present a case where a 14 year old girl or less had sex with a 20 year old man or older and the man was not only not punished but was actually rewarded in some fashion by the state. Possibly awarded partial custody of her child against her will... that would be roughly equivalent to asking this man that was 14 at the time to pay for her child.

      You're not going to find it because you're wrong. This is silly. You're basically sitting there telling me the world is flat. You can't win this...

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    70. Re:Its about child support by Karmashock · · Score: 1

      That's the thing, it isn't a question of morality. The law isn't concerned with morality but rather ethics.

      The law goes through a decision tree... it checks boxes. There are some gray areas where judges and juries are asked to make a gut decision on an issue but most of the law runs through these decision trees.

      The problem is that quite a few of these decision trees were set up in a previous era where the status quo was a completely different thing. The majority of paternity law predates birth control for example.

      Now, if you reexamine paternity law and assume for the sake of argument that birth control doesn't exist... then it actually makes a lot of sense. However, that's irrational because birth control does exist.

      Look at the way people engage in sexual contact in the 21st century and compare it to the 19th century. There's no comparison. But the laws come from that previous era despite being applied to an environment that is alien to their assumptions.

      Lets say a woman has had sex before you married her. Is she damaged goods in your opinion? No. That was how people saw women in the old days. The virgin bride was the ideal. Today no one cares because it doesn't matter. The realities of our society are completely alien to that paradigm and it is silly to keep pretending that it is reasonable.

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    71. Re:Its about child support by Karmashock · · Score: 1

      Hmmm... given that feminists are widely regarded by both men and women to be pretty whiny. I don't see where you get the moral authority to complain about someone else complaining?

      Lets say some feminist came on and talked about whatever got her panties in a bind and I responded with something about her "incessant whinning and pants-pissing" about the evil men that are spoiling everything?

      Would you accept that as a valid response or would you contradict your position and view that differently?

      Whether or not you would, I see feminists talking about stuff all the time without anyone slapping them down openly... didn't Emma Watson make some speech to the UN recently? Who is whining here? Look at the newspapers and count how many of the articles are pushing a pro feminism position versus anything pushing some moderation on the issue? Its night and day.

      What I find with these sorts of judgements like the one you just offered, is that they are almost always projection. That is... the comment is more rationally applied to the people making the comment rather than against their target.

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    72. Re: Its about child support by Anonymous Coward · · Score: 0

      Except statutory rape is a different from other kinds of rape, it's why it is called statutory rape(or other such similarly named crime, there are lots of different terms used in the legal codes), and has its own processes, ranging from proof to punishment. A 20 year old convicted of forcibly raping a 14-year old would face a different sentence than one merely convicted of statutory rape. There would also be different standards of proof.

      They call it statutory rape for a reason. It's treated differently in criminal courts.

      Turns out they also treat it differently in family court. When it comes to forcible rape, you have yet to provide me an example, whether with a minor or not, where the convicted rapist was awarded custody, let alone that child support was levied against the victim.

      So nothing to talk about, all I can say is that...if it were true, it'd be terrible and those laws should be revised. The states I know about prohibit the parent of any child that arose from such crimes to have custody. So what would happen if the victim didn't want to keep the child? Adoption, and no support would be applied.

    73. Re: Its about child support by Karmashock · · Score: 1

      ... yeah, we can't continue this discussion because you're just an endless stream of strawmen. I've tried really hard but you start every post with a bullshit premise and then force me to spend half my next post correcting your bullshit.

      Quote the bit were I said that statutory rape is the same thing as rape period or there is no reason why the concept shouldn't have its own legal term.

      That quote doesn't exist which renders the initial portion of your post bullshit.

      Anywho... Good day.

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    74. Re:Its about child support by PopeRatzo · · Score: 1

      Hmmm... given that feminists are widely regarded by both men and women to be pretty whiny. I don't see where you get the moral authority to complain about someone else complaining?

      Somehow, I manage to make it through my day pretty well without encountering a single whining feminist, yet I encounter constant whining and pissing and moaning from men in technology regarding how feminists are ruining everything.

      Whether or not you would, I see feminists talking about stuff all the time without anyone slapping them down openly... didn't Emma Watson make some speech to the UN recently?

      I wasn't there. Were you there? And "talking about stuff" isn't the issue. It's the ceaseless sobbing from giant manbabies that females are taking away their binkies.

      What I find with these sorts of judgements like the one you just offered, is that they are almost always projection.

      And I've noticed that accusations of projection are almost always projection. See how the game is played? If you want to play the "No, YOU are!" card with me, you better stop pissing yourself because some actress spoke at the UN. Hell, man I notice you didn't mention that Orlando Bloom, Ricky Martin, Jackie Chan and Antonio Banderas have also spoken at the UN.

      Look at the newspapers and count how many of the articles are pushing a pro feminism position versus anything pushing some moderation on the issue? Its night and day.

      Moderation on which issue? What is the "moderate" position on the fact that men really shouldn't rape or kill women? What's the "moderate" position on women getting paid the same as men? Or the same educational opportunities?

      No, motherfucker, what you want is some fringe MGTOW articles by skeevy PUAs and Dean Esmay and other slime to get exactly the same coverage as some study about "kitchen fires" in India or income disparity between men and women. Don't pretend and for chrissake, stop your sobbing. If you believe there is dignity and value in manhood, then fucking act like it.

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    75. Re: Its about child support by Anonymous Coward · · Score: 0

      Statutory rape is still rape.

      Your words, right there. Statutory rape is really...actually, statutory rape. The distinction is a deliberate and intentional one. Otherwise it wouldn't be called statutory rape.

      Well, actually, as I noted, sometimes in the legal codes, they use entirely different terms. Like unlawful sexual intercourse, or sexual abuse, or sexual assault, child molesting, or some other term, depending on the distinctions and language a jurisdiction wishes to make. They reserve rape for other circumstances. Or not even use it at all.

      If you're looking for a categorical term to use, try sexual offense. That would be more accurate as it's far more general.

      Anyway, can you produce your examples of convictions involving non-statutory rape where the offender was awarded custody, let alone child support? Something akin to your original example where the person was forcibly drugged and that was proven in a court of law, and the offender got custody.

      That would be terrible, and any laws that provided for that should be changed. They should not be allowed custody in the first place.

      Otherwise? I'm comfortable with enough to accept the possibility of custody being awarded in a statutory rape case, though I would like a hearing to be sure, and I don't object to a court having the authority to make a finding that a minor involved in statutory rape (or whatever a given code calls it), was sufficiently aware and involved that holding them liable for child support is not unreasonable on its face. Obviously the enforcement in most cases should wait till they're over 18, and I'd even accept it being delayed till after some education. I'm almost not offended if the parents of a minor child can be held accountable, there may be circumstances that merit such an action.

    76. Re:Its about child support by Karmashock · · Score: 1

      As to you not seeing the feminists, a man that sticks his head up his ass won't see the sun rise in the morning either. Everyone sees them but you. You are in the minority here.

      Pop open the paper and how many articles are going to be feminists asking for things versus men asking for things from women? It is night and day.

      As to emma watson, the video of it was put on the internet. You're not going to make the creationist argument are you? Because... this "were you there" argument is the same one they use when they want to claim the world is 6000 years old. Its a stupid argument.

      As to "manbabies" this is an interesting double standard and rather funny attempt to enforce traditional gender roles. On the one hand you want gender roles to change but on the other you are telling men to "man up".

      You can't have it both ways, chuck. If you want men to be sensitive and vulnerable... willing to cry... and share their feelings... then you need to not tell them they're man babies whenever they point out that the system is in some respects biased against them.

      The mindless hypocrisy on these issues is half disappointing and half flattering. Because it reveals that there are a lot of stupid people out there which is sad... but on the bright side I'm not one of them, which is awesome.

      As to projection, the difference is that I can validate the claim where as you'll probably start to sputter after inferring it.

      As to raping and killing women, this is just idiotic strawman... who is advocating that? Are the MRA's you're so afraid of advocating the rape and murder of women? Are they standing up and saying "rape is awesome and we should do more of it!"... or is that just a rather pathetic strawman mixed with a hyperbole chaser?

      Rhetorical question... you know what you did there... you drew a face on your ass... then pulled your pants down, opened your asshole, and made shit come out of the mouth your drew on your butt. You are speaking... shit. Your argument is so comically bad that it could be genuinely funny if you weren't actually serious. And that just makes it sad.

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    77. Re: Its about child support by Karmashock · · Score: 1

      And it is still rape... I didn't say that they were identical... I said BOTH are rape.

      End of discussion. You're not being intellectually ethical and I don't want to waste any more time sorting your nonsense.

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    78. Re:Its about child support by PopeRatzo · · Score: 1

      You can't have it both ways, chuck. If you want men to be sensitive and vulnerable... willing to cry... and share their feelings... then you need to not tell them they're man babies whenever they point out that the system is in some respects biased against them.

      When did I say I wanted men to be "sensitive and vulnerable...willing to cry...and share their feelings"? I mean, goddamn, all you do is share your feelings like a toddler with a wet diaper. I'm advocating growing up.

      As to raping and killing women, this is just idiotic strawman... who is advocating that?

      I'm glad you asked:

      https://storify.com/a_man_in_b...

      http://www.businessinsider.com...

      http://www.washingtonpost.com/...

      https://www.boston.com/news/lo...

      http://www.cbsnews.com/news/ga...

      You drew a face on your ass... then pulled your pants down, opened your asshole, and made shit come out of the mouth your drew on your butt. You are speaking... shit.

      You know, that's not the first reference you've made to stuff going in and out of butts. This is more verification of my theory that Men's Rights Activists became whiny manbabies because of trauma associated with potty training. You just couldn't make mommy proud, and now you're going to show them bitches!

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    79. Re:Its about child support by Anonymous Coward · · Score: 0

      I can't help you with your problem with Slashdot's filters, sorry.

      But your initial statement about it being a tautology is a misapprehension. The state having the authority to pass laws that contradict existing common law and that distinguish between some contracts and not others does not reflect on the reasons for passing those laws. There is no preclusion of such reasons, or even setting the standard for such reasons. It merely informs you that your assertion such as it was, is not a matter of concern, as the authority to override those things does exist, and if you want to remove that authority, you're going to make far more fundamental changes than just deciding the parental laws. And before you ask, yes, the authority exists for reasons of it own (hence the ramifications), but it would take too much time to repeat it in any kind of detail here, so I'll just give a simple sentence: Because the people of a state want to be able to set terms by which the state will act.

      Now if your question is why any given state has set up the laws it has, well, that depends on what law you're asking about. Since you specifically quoted the issue of involving a doctor in Kansas when it comes to sperm donation and that is related to the subject of this article (though I'll note the case in Illinois differs in several critical factors regarding the circumstances, making the points related in Kansas of no great concern to them), the general reason as I understand it(and it's not my stipulation, I'm not the one who wrote any laws in Kansas, I claim no ownership over their laws.) is so that the state has adequate assurances that somebody isn't just trying to get a run-around the existing child support laws of the state, that the parents are informed of the consequences of reproduction beforehand, and that all parties know what will happen. They may also be concerned about other issues like genetics and health of the mother during pregnancy, but that'd be a question you'd have to ask a doctor there. Other states have different standards, and may even require explicit court approval, so Kansas's doesn't seem overly burdensome to me. The state when acting as parens patriae (and yes, reasoning exists for this as well), sets the conditions by which is wishes to operate, which means it will say when an adoption is acceptable to it, when it wants to collect child support from parents, when it wants to agree that no paternity or maternity is established (see also the woman in Virginia with a turkey baster where the man got his paternity rights), and is really no different than other cases where you want the state to enforce a contract like a mortgage or property deed. Some contracts? It will refuse to enforce. Some contracts it will enforce different terms on you or refuse to enforce your terms.

      So the state is involved, it is a participating body, and by and large, it has set its terms of consent to involvement. Ignorance of those terms? It's a hard defense to raise. Sometimes it works, true, but this one? Apparently not. I'm struggling to even find a reason why their ignorance is the state's problem.

      Any of them could have consulted a lawyer. They could have gone to a library and looked up the statute.. Personally, I think they could have used common sense. I mostly bring up the lawyer to point out somebody who would have the responsibility to inform them accurately of the details. Same with a doctor. Maybe same with a state official. As I said, it might well be posted at the health department. It's easy to read the relevant statute.

      If the women in question (or someone else) deliberately misled the man, he may have a cause of action against them, but that would take a bit more proof than just they thought their apparent internet contract was legal. Like if the contract contained any writing they'd added to indicate it was legal in the state of Kansas. Otherwise, they were all just wrong, and it's reasonable to expect him to check it out himself rather than trust two strange women that

    80. Re:Its about child support by Karmashock · · Score: 1

      As to why the kansas law works the way it does, your reasoning doesn't explain why a napkin agreement would be equally valid. You're saying you want to make sure the parties agree with what is happening... that is what the napkin establishes. I rest my case.

      As to enforcing contracts, it is the state that collects the child support... so the only way you could not enforce the contract is to do nothing. If you take any action you're doing something.

      Your position is a contract neither party signed is more valid than one that they both signed. That's absurd.

      As to consulting a lawyer, the law has an obligation to be self consistent and there are a lot of court cases won on the basis that a given law operates differently than other laws in a similar context for no apparent reason. This notion that the law can be whatever and get a lawyer to explain it to you is tautology. You're saying the law is valid and reasonable because it is the law. As if any and all laws must be valid and reasonable if they are law. We can both name many laws to each other that were later determined to be unreasonable and stuck down. To say nothing of many existing laws that are held in low repute by nearly everyone.

      As to trickery, you have intent. You have the agreement of the lesbians. Why would you go after the guy that donated his sperm instead of the woman that committed to her partner when she got pregnant? If anyone should be expected to pay child support, it is that woman.

      That is the PROGRESSIVE response, is it not? I am acknowledging their relationship... which doesn't require a marriage to be actionable for child support because men are held accountable for child support without marriage all the time. Men have even been held accountable for child support when they didn't even conceive the child.

      Say I am married to a woman and she cheats on me with my best friend... I divorce her because she really hurt my feelings... the law generally is going to make ME pay for the baby even though it was my asshole friend that knocked up my wife. By that standard, the relationship trumps whomever squirted his juice into her baby maker.

      What you are furthermore acknowledging here is that the issue is confused and not very well adapted to the situations I'm throwing at you. What you don't understand is that your point that it is confused supports my position that the laws are antiquated. Restrict what is possible and permissible to the traditional gender roles, medical realities etc and the existing laws are quite reasonable. The problem is that those conditions are not a given and therefore cannot be assumed.

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    81. Re:Its about child support by Karmashock · · Score: 1

      As to who is asking for traditional gender roles to change... feminists.

      As to your citation of some mean tweets being evidence that there is a serious political campaign advocating harm against women... that makes no sense.

      I tell people to stick a shotgun in their mouths and blow raspberry jam all over their walls all the time. Am I ACTUALLY advocating murder or even suicide? Not really... it is just an internet diss. Citing an internet diss as evidence of actual real world hate is naive.

      You cite all this stuff from gaming for some reason. I'm not quite understanding why. For one thing, in games you tell people to die all the time. You get raging 10 year olds that can't handle getting owned and then they rage at you.

      What is more, I distinctly remember seeing some woman in a news article claiming that she was raped because someone crotch humped her in a video game.

      Everyone gets crotch humped in video games and no one is raped as a result of that. It is a joke and a dig that happens when you lose. I shot you in the face in the game... so I get to crotch hump you. You were not raped. It is a game. If you can't handle something the average 10 year old can handle... then I can't help you.

      As to MRAs... I'm not an MRA. Is anyone that argues against capitalism a communist? By your binary logic anyone that has a problem with any bit of feminism must be an MRA. That is irrational.

      What is more, I saw some statistics recently that showed that women that self identify as feminists in the United States are in the MINORITY... so you're not even speaking for a majority of women.

      I saw that Emma Watson speech to the UN and she starts it by saying "feminists have this reputation of being man haters"... That was pretty much the only honest thing she said in the speech. And the reputation is largely accepted by men and women.

      If your position on feminism is that you believe in equality, then rejoice... nearly everyone believes in equality including myself. If you ask for MORE than equality, then you're going to have to make an argument for special treatment. And any special treatment you get is going to come with a price. No one gets special treatment without having to pay for it. For example, children... they have limited liability. The price? They have limited rights.

      That is the bargain you're going to have to make if you want MORE than equality.

      Here is going to be the real killer problem you're going to have with me though... I'm hyper logical. Your appeals to shame, your conflation of divergent concepts, and your various attempts to use identity politics are meaningless to me. I turn everything you say into symbolic logic as effortlessly as I breath. And any logical error or contradiction sticks out like 1+1= 8.4.

      You want me to be a man? Okay. Then like a man, I challenge you to defend your position with what wits you have. And when you fail because I'm smarter than you, I will rub your defeat in your face, claim dominance over you... And probably treat you like my gimp here after.

      Is that what you want? You tell me the rules, sport and I'll play by them. Any rules you like. You want to play the victim? I can play a better victim then you if I want. I can cry on command. I did a lot of theater in school and one of my teachers taught the whole class how to cry on command. I still know how to do it.

      Want to play who can cite more shit they found on the intenet? I know how to use google, my friend. It ain't hard.

      You want to have an intellectual contest of wits and reason? I am your fucking huckleberry if you want to challenge me there.

      You want me to be a "man"... what does that mean to you? Because when yous say that you then infer that real men bend over and take it in the ass. Since when is that how real men behave? Real men, so far as I was taught are assertive, personally responsible, and not afraid to challenge rivals for power, credibility, and authority. So... I am a real man in that sense. But if you want me to play your g

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    82. Re:Its about child support by PopeRatzo · · Score: 1

      I can play a better victim then you if I want.

      Clearly.

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    83. Re:Its about child support by Anonymous Coward · · Score: 0

      You mean wouldn't be equally valid? Because it doesn't do the things that the state wants done. The state lacks adequate assurances that they're not just trying to get around the child support laws, the state doesn't have confirmation of informed consent, and the state doesn't have evidence that all parties will know what will happen. That includes the state, which comes in as parens patriae. So it gets to set its conditions, and in Kansas, it says that the napkin, or the downloaded internet contract they did sign, isn't satisfactory.

      Fortunately, in Kansas, the state's imposition is pretty light, have a licensed physician do the process.

      But yes, as I said, when it comes to marriage(or even attempted marriage), the husband is presumed to be the father. Which is why in the event of your your wife cheating on you, and having a child with your best friend, since being married does come with the burden of being expected to raise any children that comes with it. That's also part of the marriage contract. But due to legislative action, that statute also provides for steps you can now take to deny paternity.Of course, you can still be on the hook if you don't bother to do it. Still, they updated their laws to allow it.

      You can complain that their laws aren't satisfactory to you, sure, but believe it or not, they have seen significant updates and refinements. It's been much less than a century. (The relevant statute here dates from 1994.).

      Still, if this had been a man doing a favor for a husband and wife, married in Kansas, or even attempting to be, then yeah, the husband would be presumed the father. The state wouldn't even look into it unless a denial of paternity was made. Or a man could have made a written statement claiming paternity even absent any proof. Or if the mother had died, another woman could claim to be the mother. But that does not apply to another woman when the mother is still alive. That wouldn't be recognized. Kansas being rather conservative on the issue of same-sex marriages, does not, and is prohibited by their state constitution from doing so. That's where your regression can be found.

      Still nothing to do with Illinois, they involved a doctor, and a lawyer, and the only issue is that they didn't sign the sperm donor form nor the parental form. Well, apparently Illinois is quite willing to go with assuming the sperm donor status, not the parental. And if the man is concerned, he can still sign the sperm donor before implantation. He just doesn't want to do so.

    84. Re:Its about child support by Karmashock · · Score: 1

      What incentive does the woman have to get around the child support laws? Why would she sign the napkin if that's what she wanted? Certainly it be more in her interests to hold that man accountable would it not?

      And lets say she gets a sperm donation from the sperm bank, how is the state in a better position when she goes on welfare or asks for subsidies? You can't get child support from the father because your sperm bank rules preclude that. So what are you actually accomplishing when you do that?

      All you're really doing is giving the woman less control over whom she gets the sperm from and making her pay extra money to a doctor to squirt the sperm into her. How does that make it better?

      Keep in mind that many sperm banks have been caught lying about where they got their sperm. Sometimes there is only one donor in the sperm bank. All sperm coming from ONE guy and that guy works for the sperm bank. I think there was a janitor or something for one of these places and he replaced all the sperm in the bank with his sperm and got away with it for years and years. I think they estimated he had a total of four or five hundred children. Which would put his fertility at roughly what Genghis Khan had. And this has happened more than once. What is more, even when that isn't happening the quality of the sperm is often exaggerated. It is often a very normal person that is donating their sperm and not some uberman which is generally what women ask for when they ask for sperm. The thing is that ubermen generally don't donate their sperm to sperm banks because they're too busy having sex with the entire cheerleading team... at once. Who wants to masturbate into a cup when you can a harem fighting over the privilege to stick your dick in the relevant hole?

      So lets say you find a guy that has the genes you want. You approuch him and say "I just want your sperm"... how do we handle this contract in a way that works for you?

      Can the man deposit his sperm in the bank and then have her with draw his personal sperm? If not, then you're circumscribing her ability to choose where her sperm comes from. This notion that if you go to the bank you have to accept the sperm lottery is absurd. If I bought eggs from an egg bank, I'd want to see some pictures of the woman that donated them. Very revealing pictures. Not to fab to furiously... but to judge her genetic value. If I'm going to buy an egg, I'd like to know what I'm buying. If it is some dumpy bucktoothed horse hybrid... why would I pick that egg when what I wanted was the most ideal female egg I could get my hands on?

      And women are the same way in this situation. They want the best sperm they can get. They don't want just ANY sperm. They can get any sperm from anyone. They go to the sperm bank to get excellent sperm. But there is no excellent sperm in the sperm bank.

      There have even been some sperm banks that supposedly specialized in elite sperm. They said they got it from graduate students in good standing in college and successful athletes etc. But most of those have been found to be fraudulent because the reality is that they can't high quality guys to donate sperm. You either have to pay them more than women are willing to pay for it. Or you have to accept "okay" sperm at best... if not just random sperm from anyone.

      You say you're stopping people from getting around paternity laws by doing things this way... but I don't see how your policy is serving any purpose. Why do you need to hold people to paternity laws in the first place if you're okay with a woman getting random sperm shot into her by a sperm bank and then providing child support to her at the state's expense? How is society better off when a woman gets sperm from a bank rather then some guy she knows?

      What is the net difference? Because from what I can see, you've accomplished nothing in the state's interest by forcing them to go to the sperm bank. Explain it to me.

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    85. Re:Its about child support by Karmashock · · Score: 1

      Your submission to my awesomeness is noted. I shall now be a man and draw a portrait of my dong on your forehead.

      Hold still, this will be over in a moment...

      Good day. :P

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    86. Re:Its about child support by Anonymous Coward · · Score: 0

      Well, in this case in Kansas, it seems it is the father's contributions they're worried about. I don't know what provisions they made for the mother to receive the aid, but likely work or employment requirements, and resource restrictions as those have been standard since the 90s, as for the other woman in the relationship? Kansas's constitution banned the state from even considering it, unlike how it would have been done if the mother had been married to a man. Then he'd be the one on the hook unless he protested paternity through the appropriate means. Feel free to rail against Kansas for treating a same-sex couple differently.

      In some other situation, though, like where the father had custody, or a gestational surrogacy, whether with a donor egg or a natural one, a state would indeed go after the legal mother(see Sherri Shepherd, who is now listed as a birth mother after disputing an agreement and is paying child support), or depending on how the birth certificate was filed, the surrogate, and while I don't know what that would be the case in Kansas or Illinois, there are requirements as the recognition gestational surrogacy agreements too. And others that outright prohibit them like Arizona, Indiana, or Michigan. If you should ever want that process done, make sure to go a state that does recognize the agreement you wish to make and follow their rules, or make sure you have a proper and legal adoption done afterwards. Otherwise you could be in as much or more trouble, than the man in Kansas.

      But you seem to be confused, since you're going on about sperm banks and how terribly they are run, when no, a person don't need to go to a sperm bank in Kansas. Not a necessary step. They can have the donor come in, do his business, and have all parties attest to it without the sample leaving the sight of anyone they trust.

      And in Kansas and Illinois, absent a marriage between the two, with a licensed physician involved, the presumption seems to be that there is no parenting agreement in place and no child support will be awarded, as long as you do involve the licensed physician who can perform such actions as will satisfy the state's concerns, whatever they may be.

      If a person wants to be a sperm donor in those states, then the keys are to either make sure the woman is already married to someone else and that the husband won't object (if he does, then he can protest paternity within a certain timeframe, so I wouldn't trust that he won't myself), or to get a licensed physician involved and not sign any parental agreement. The states of Virginia, Illinois and Kansas, among others, won't consent to it if you don't follow their rules. You might be fine if you never come to a problem or nobody raises an objection, but as the turkey baster woman in Virginia found out, you won't come out well when somebody does. And the state is one of the parties.

      Other states, have their own rules. I suggest you take heed of this situation and look up the legislation rather than relying on your own notion of what you think is proper.

      You may find the state's position differs from your own, and this does not just apply to issues regarding child support.

    87. Re: Its about child support by Anonymous Coward · · Score: 0

      But they aren't. One is statutory rape, and even then it may be called something entirely different in the legal codes, which is why it's called statutory rape. Rape itself has a range of meanings and yes, it too can be called something entirely different in a legal code.

      I believe the best category you can fit them both under is sexual offenses. You may not be able even call them crimes, as sometimes they may not be considered criminal acts.

    88. Re:Its about child support by Karmashock · · Score: 1

      This condition of gay marriage is meaningless. The man wasn't married to the woman either so marriage is not relevant. We are concerned with relationships. And the lesbian woman was in a relationship with her partner at conception. The man was not.

      That is a matter of record and fact. *slaps gavel down*

      As to Sherri Shepherd she was married. We're discussing issues where there is no marriage. We both agree that when a marriage exists liability for the child is mutual.

      As to your point that a donor can come in to the bank, explain to me why the napkin agreement is not of equivalent value? You say because there is some sort of employment net worth check? There is no net worth requirement for giving birth in this country. Any woman on welfare can get knocked up by a man on welfare. What is more, we are currently accepting millions of desperately poor illegal immigrants into this society that are all qualifying for welfare... often at the state level but some are getting it at the federal level as well. For example, you can claim dependents out of the country. You get a federal tax credit PER dependent and some illegal will cite 30 children in another country that are dependent on them. That means they can get the per child tax credit times 30. In that context, I don't have any patience for any presumption of frugality because the entire system is not set up to be frugal but to dispense as much government cheese as possible.

      As to your stipulation that I should inform myself of the existing laws, there is no point you've offered that has materially changed my position. All you're saying when you say I should look at the law is that I should inform myself with the status quo. I am aware of it actually. None of your corrections have been materially different from my assumptions. You keep offering distinctions without meaning and then expecting me to change everything and accept the status quo as the ultimate good. It is tautology. Your entire premise is that "this is good because this is the law" which ignores that the law can be stupid. And given that my entire premise was that the law is stupid, your entire position makes no fucking sense.

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    89. Re:Its about child support by Anonymous Coward · · Score: 0

      This condition of gay marriage is meaningless.

      Nope, it's quite meaningful when you realize that that situation would be easily mooted if the man had donated to a husband and wife. Kansas's constitution refused any recognition of the same-sex relationship in any form or fashion. That prevented the couple from being married, a condition which legally establishes a presumption of parenthood and child-rearing. Heck, marriage aside, if any other man had stepped up and claimed paternity, absent an objection from another party, Kansas would go along with it. No contract would have been necessary.

      But for another woman? Refused. For Kansas, that relationship? Legally it did not exist.

      So there only avenue was to follow Kansas's sperm donor laws. They didn't.

      As to Sherri Shepherd she was married. We're discussing issues where there is no marriage. We both agree that when a marriage exists liability for the child is mutual.

      She wasn't married to the birth or egg mother of the child(which means that there's 4 people involved in making this one baby.). What put her on the birth certificate was the surrogacy agreement which California and Pennsylvania accepted.

      That'd be in effect even absent a marriage. Much like say, if a random man had stepped up before Kansas found the sperm donor to be the father, and said "No, I'm the father" and nobody had contested it. Of course, then he'd have been paying the child support, so I wouldn't expect that.

      Still, it could have happened.

      As to your point that a donor can come in to the bank, explain to me why the napkin agreement is not of equivalent value?

      Well, to repeat myself, there's no need to go to any sperm bank. It's a licensed physician that is the requirement, not a sperm bank. I don't know what particulars Kansas requires for the procedure of artificial insemination, but no sperm bank is required.

      Did you mean the physician's office? I don't know that that's required either. For an intrauterine procedure, maybe, but that isn't the only way artificial insemination is done.

      If there's some condition to going into the office, you'll have to ask whatever body has set that requirement and why. Maybe if they do, it's because they want the physician to provide an environment that meets the state's medical requirements to avoid infections or whatever, but that's just a guess on my part.

      What the physician can do, is act as an agent authorized by the state, and who can follow the process the state has established.

      The contract, on a napkin, or written on stone tablets, does not. So it's not the same value.

      You say because there is some sort of employment net worth check?

      I don't see where I said that, and I'll say no such thing. The only mention I made of anything akin to net worth was regarding the subject of the woman receiving aid from the state, not regarding a sperm donation.

      As to your stipulation that I should inform myself of the existing laws, there is no point you've offered that has materially changed my position. All you're saying when you say I should look at the law is that I should inform myself with the status quo. I am aware of it actually.

      Well, this man in Kansas(as well as the two women), and a woman in Virginia, found out they were not, in fact, aware of the status quo where they lived. The Illinois couple was a bit better informed, but apparently they still messed up.

      Or maybe the licensed physician was able to do what I said one should do, when taking sperm or eggs, and make sure that the parties were aware of what would happen, that the default presumption in Illinois would be a sperm donation with no child support entailing.

      None of your corrections have been materially different from my assumptions.

      Your paragraphs about the sperm bank were. Quite considerably

    90. Re:Its about child support by Karmashock · · Score: 1

      You're dodging too much on the sperm bank issue for this to be a productive discussion.

      Explain what assurances the sperm bank or doctor's visit provides the state that the napkin agreement does not?

      See both as black boxes. Ignore what happens in either one and merely look at inputs and outputs of the two situations.

      How is the output different in situation A from situation B?

      I perceive no material difference. You need to challenge that or the entire process is a of dubious value.

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    91. Re:Its about child support by Karmashock · · Score: 1

      http://www.news.com.au/world/n...

      Food for thought. And note that despite breaking into a home to sexually assault someone, she was not punished. A man in the same position would have gone to jail for some hard time.

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    92. Re: Its about child support by Karmashock · · Score: 1

      Statutory rape is still rape in the same sense that second degree murder is still murder.

      We're done. This is not a productive discussion.

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    93. Re: Its about child support by Anonymous Coward · · Score: 0

      Statutory rape is still rape in the same sense that second degree murder is still murder.

      Not really, no. Even leaving aside the variations in what constitutes second degree rape (and like statutory rape, not everywhere uses the same terminology), what I'd say is the more accurate expression is that statutory rape is distinguished from rape in the sense that negligent homicide and second degree murder are still homicides, but the first is not murder.

      That's why they're treated differently in the law. Same with statutory rape when it comes to issues of custody, punishment, and parental liabilities. In fact, instances of statutory rape are themselves often treated very differently, and not in any kind of monolithic way.

      We're done. This is not a productive discussion.

      Yes, you have been quite non-productive, as you haven't produced an example of a non-statutory rape, or a statutory rape where the family court did not find willing participation on the part of the juvenile, that's true.

      You haven't even produced an example where a person convicted of non-statutory rape was awarded custody. Everywhere I know about, that would be disallowed as a matter of law. Get convicted of a non-statutory rape, and you won't have custody of any children, and the victim has the full choice as to whether to keep the child or not. Some do make that choice, for whatever reason.

      Is your problem that you think the victims of rape shouldn't be able to make that decision, or is your problem that children that arise from instances of statutory rape are treated differently from others? What position do you want the state to have?

    94. Re: Its about child support by Anonymous Coward · · Score: 0

      Oh, sorry, I meant to put this in quote blocks:

      We're done. This is not a productive discussion.

      Hope that mistake of mine didn't confuse you.

      Still waiting for you to produce examples that fit the criteria I established already.

    95. Re:Its about child support by Anonymous Coward · · Score: 0

      You mean I've been calling strikes on your wild swings about sperm bank and anonymous donations when in Kansas, Illinois, and every other place that's been mentioned, the requirement is merely that a licensed physician was involved in the artificial insemination and you don't want to admit that you struck out on that in those states.

      Don't know why you'e asking how the output is different though. It's pretty clearly stated.

      The output when a licensed physician is involved in the artificial insemination is that the state consents to the lack of paternity being established, and, in fact, presumes that to be the case absent a marriage or other agreement. The output when one is not involved? The state doesn't consent, and will enforce both parent's rights and obligations.

      I believe you want to ask about the input, instead? The difference is that the licensed physician has the state's assent to perform the process, and complete the necessary assurances that the state wants. Which as I speculated, includes the following:

      An independent party to assure the informed consent of the parties, that no attempt is being made to get around the child support laws, and to address any genetic or health concerns that might arise.

      Napkins lack the agency to do that. The first two you could do with a lawyer, but the lawyer isn't qualified by the state to do the last unless they're also a licensed physician.

      If you want to know what medical concerns specifically Kansas or Illinois or any other state require the physician to address, you'll have to ask one there. Or ask someone who has gone through the procedure to recount their experiences.

      If the licensed physician didn't behave as the state medical board found acceptable, well, there's a system for that too.

      And if it's an unlicensed physician, that too is covered.

    96. Re:Its about child support by Karmashock · · Score: 1

      You've cited no material point to the doctor visit. Absent that the requirement is arbitrary.

      Your reason boils down to "the state has deemed this to be the right way to do it"... that doesn't answer my question. I asked for a material difference. I have further cited you for tautology several times and I don't think you know what that means:

      https://en.wikipedia.org/wiki/...

      You're basically saying "this is justified because the government deemed it to be justified.

      That is textbook tautology.

      As to napkins lacking the agency, they are perfectly valid for legal wills, perfectly valid for legal contracts of pretty much any nature, and perfectly valid therefore as legal documents.

      I have personally won small court cases in my own favor on such documents. You can write whatever you want on any bit of paper or even a fucking clay tablet. It doesn't matter and you don't need a lawyer. The document just has to show intent. And if the document backs up intent then we can assume intent as of that point.

      Now excluding intent, as intent is handled by the napkin, what is your doctor visit accomplishing? I argue - nothing. Contradict me with something that isn't more tautology. I fucking dare you.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    97. Re:Its about child support by Anonymous Coward · · Score: 0

      You've cited no material point to the doctor visit.

      On the contrary, I've informed you multiple times of the grounds for involving a licensed physician. A licensed physician can comply with the state's requirements to perform the procedure, including ensuring informed consent, verifying that nobody is trying to get around the state's child support laws, and that any health concerns can be addressed.

      And no, not all contracts are enforceable, because you are right, you can write whatever you want on any bit of paper or a clay tablet. It may or may not be legally binding though. And you have to have the consent of all parties, and the state of Kansas, as parens patriae did not get consulted. If it was, then it would have said, no, go to a doctor, have them do this, and this, so we have somebody we trust involved.

      They didn't.

    98. Re:Its about child support by Karmashock · · Score: 1

      First, why is informed consent relevant here but not relevant elsewhere in contract law?

      I can make a multimillion dollar contract stick on a napkin. But you say you need a doctor for informed consent here? I'm calling bullshit.

      If you wanted a notary that would be one thing. But you're not asking for a notary. And what is more, doctors are not trained to be notaries.

      As to verifying that no one is tryign to get around the state child support laws... how? How is the doctor verifying that? Is he performing a background check? He is in now way preventing that. If I wanted to get around those laws and brought my lady friend into the doctor exactly how would you doctor figured out what I'm up to? He wouldn't.

      As to verifying health, since when do you have to be healthy to have a baby? Fucking crackheads have kids all the time. This is just desperate grasping on your part.

      As to binding contracts, very little that can be binding in ANY contract is not binding on a napkin. You might want a notary if there is a lot of money involved but it is merely a hedge against future lawsuits. Assuming the napkin does accurately express the intentions of the signatories, it is quite binding.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    99. Re: Its about child support by Anonymous Coward · · Score: 0

      I'm not sure what you mean. Informed consent is relevant all the time in any number of contract disputes.

      And no, notaries are not able to meet all of the requirements Kansas may have, sorry, but they don't have medical licenses.

      Not being a licensed physician in Kansas, I can't say with any specificity what the doctor is required to do by Kansas, but obviously the standards to be licensed as a physician and a notary are very different. I am not perplexed at the differing levels of authority. Kansas's safe haven laws don't cover anyone leaving a baby with a notary either. Well, unless the notary is qualified under one of the other provisions.

      Kansas is not concerning itself here with the right to reproduce, but with the responsibilites arising. This includes providing support, and Kansas will not consent to its being negated with such agreements simply being notarized, but requires a licensed physician. Or another man to claim paternity, even just through marriage to the man. Or following the state's adoption or Safe Haven laws. Private contracts to negate them? It won't enforce, since it's terms as Parens Patriae weren't met. This even applies to pre-Nuptial agreements regarding child support. The state reserves its right to agree or not.

    100. Re: Its about child support by Karmashock · · Score: 1

      Why do you need medical licenses for informed consent?

      Anyway, as I said at the beginning, your entire position collapses down to a singularity of tautology. The entire justification of your position is "that is the law"... which is fine if you're a police officer and typically if you're a judge.

      However, in any other situation one would expect and actually require a more nuanced thoughtful position.

      You will not offer that though. You've had every opportunity and have refused to step out of that box. And that's fine. I can't argue against circular logic. That is doubtless why you find circular logic so attractive. I find this with a lot of people on the internet. They find some means of arguing that cannot be countered and then specialize in it.

      The problem with all such forms of argument is that they are ultimately logically invalid. Its fallacious.

      And I'm not incredible bored with this futile attempt to get you to offer a more reasonable rebuttal.

      We're done.

      Good day.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    101. Re: Its about child support by Anonymous Coward · · Score: 0

      You mean why the state of Kansas requires one in the case of an artificial insemination for the child to be treated as not having a parent?

      Because the state of Kansas trusts their licensed physicians to perform those tasks which it considers necessary to do when performing an artificial insemination (and as I said, those are something which I lack a detailed knowledge of, not being a physician in Kansas myself), as the physician has passed the necessary qualifications and such that gives the state confidence in their ability to do so properly.

      The notary has not. The same as the notary is not qualified to give legal advice, or even to determine if a document requires a particular form of notarization.

      The state trusts Licensed Physicians differently than Notaries, due to the different requirements it has for them. If you want to know the requirements to become a licensed physician in Kansas, try the state medical board.

    102. Re: Its about child support by Anonymous Coward · · Score: 0

      Because when it comes to medical procedures, including artificial insemination, the state trusts licensed physicians who have received the appropriate training, to perform the tasks they consider necessary, while they don't trust notaries whose training is different to do them. Different qualifications and training to each, so different responsibilities and authority.

  32. Re: Both own half. by Anonymous Coward · · Score: 0

    Why divide when you can multiply?

    Clone the embrios and give each parent a copy so that they can do as they see fit.

    Semi-joking aside, there's the issue of one of the parties not wanting the embrios to ever be born. I think that the correct thing to do is to reach some sort of agreement in which you let the party that wants the child to be born to keep the resulting child, but waive the other party of any and all responsibility.

    Which is more than fair. Making a baby requires* two consenting adults which "should" be mature enough to understand the consequences.

    * assuming best case scenario, ie, not rape

  33. Re:Both own half. by jythie · · Score: 1

    The answer is simple, there is more than one person making up 'western civilization'. The conflicting arguments are coming from different people and groups, the same groups who are having the same basic debate within western culture.

  34. Re:Both own half. by itzly · · Score: 4, Funny

    May I suggest a ratio of 10 women, selected for their sexual characteristics which will have to be of a highly stimulating nature, for every man ?

  35. Re:Both own half. by Anonymous Coward · · Score: 1

    Then change the law so the 2nd party can relisquish all onrwership and rights of their half in return they are not now or ever held financially responsible for any resultant childs welfare.

  36. Pre-embryo by DrYak · · Score: 3, Informative

    Who Owns Pre-Embryos?

    From a scientist: What the fuck is a pre-embryo.

    Wikipedia is your friend.

    Basically:
    - Bunch of cells, still disorganised (apparently, you wait until for the primitive streak to call it proper "embryo". I didn't remember that from my lectures)
    - They float around, they haven't implanted into an uterus yet. (That I vaguely remember from my medical studies).

    (Well, of course, they were fertilized *in vitro*. It would be hard to find an uterus to implant onto at the bottom of a test tube).

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  37. Re:Both own half. by goose-incarnated · · Score: 4, Interesting

    As with any business contract, party B would be free to buy party A out of their half of the contract. Presumably, this would absolve party A of owing any sort of child support later down the road.

    Don't overcomplicate things. That's a good part of why our legal system is so corrupt.

    You can't contract out of child support, much like you can't contract into slavery. You can write the contract, sure, but no court will enforce it. The only way to (currently) do so is to donate sperm to a state-endorsed sperm bank. If you simply just donate sperm you will still be on the hook for child support - this has already been tested in courts.

    --
    I'm a minority race. Save your vitriol for white people.
  38. Should be simple by trout007 · · Score: 1

    Each person gets 1/2 the embryos to do with as they want and they give the other 1/2 up for "adoption" to the other person. If in the future either decides to implant them the other party has no say or financial obligations to the other.

    --
    I love Jesus, except for his foreign policy.
    1. Re:Should be simple by Anonymous Coward · · Score: 0

      If you honestly think this is a good solution, or that the solution, if it exists, is simple, you obviously haven't thought about this for more than 30 seconds.

    2. Re:Should be simple by Anonymous Coward · · Score: 0

      I'd like to keep the half of the embryos that have my chromosomes please.

  39. Corrections by DrYak · · Score: 1

    The problem is that there are NO children yet. Only cells with 2 half nuclei inside (= pre-embryos)

    Small correction: apparently you still call it "pre-embryo" even later than that, as long as they aren't implanted into an uterus yet (and they haven't formed a primitive streak. I didn't remember at all this latter part).

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  40. Re:a scientific approach in the land of personhood by will_die · · Score: 2

    Actually it is a scientific term, it is common synonym for proembryo. But thanks for sharing your hate and ignorance.

  41. Child support by mi · · Score: 5, Interesting

    You later get divorced, presently childless. She decides to try again and the implantation is successful. Can she come back for child support?

    Yes, she can and she will. At least, you produced the sperm while still her husband and would-be father of her children.

    If a sperm-donor can be hit for child-support, you would have not a chance. And not just in Kansas, Illinois too only makes exceptions for sperm donated "through medical channels involving a doctor".

    It may work the other way too — a donor may get parental rights after an artificial insemination.

    Presumably, with the rights comes a child support obligation as well — the two better be inseparable.

    --
    In Soviet Washington the swamp drains you.
    1. Re:Child support by Anonymous Coward · · Score: 0

      Yeah, so that's a neat theory, but in practice, divorced men have no parental rights but must pay child support, even if they can't afford to feed themselves.

    2. Re: Child support by DigiShaman · · Score: 2, Insightful

      Worse: in Texas at least, you can be married, and gets pregnant via an affair. Now the biological father is a deadbeat; always has been. The husband files for devorce and the court slaps him with child support; out of the interest of the child of course.

      --
      Life is not for the lazy.
    3. Re:Child support by Anonymous Coward · · Score: 0

      In the first case even your own article says that he isn't a sperm-donor. They guy gave some to a couple to help them out and then signed something saying he is not responsible for the child. Sorry, but you can't just sign away your rights/responsibilities to a child. If they would have gone through a sperm-donor process it wouldn't be the case. Second link, same thing. Third one, same thing.

      Yes, if you make a child you are responsible for it unless you go through some government sanctioned process. This should be obvious to everyone who is an adult.

    4. Re:Child support by penguinoid · · Score: 1

      In my opinion, there's a rather simple answer: Simply require the frozen embryo be adopted (ie, has two parents accepting the rights and responsibilities of raising the child) before being defrosted.

      Also, in the future, people performing a "this is your last chance to have a child" operation ought to make sure the soon-to-be-infertile person ends up with the right to use their sample or have a very good reason why not.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  42. Re:Both own half. by wonkey_monkey · · Score: 1

    Embryos seem just ripe

    Eww.

    --
    systemd is Roko's Basilisk.
  43. Re:Both own half. by BarbaraHudson · · Score: 1

    Why not ship the frozen fertilized ova to another star system w/o any humans on board? Once they arrive at their destination, robots should be able to handle growing them in a gestational tank and decanting them at the right time.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  44. Pre-nup required by ArhcAngel · · Score: 1

    In cases that have the potential to go sideways where two or more parties are involved the hospital/doctor/professional should be required to have the outcome spelled out, codified, and notarized. And if and when one party changes their mind...tell them tough! This was a monumental decision and once it was made it was set. Please leave your "but what if" one offs at the door because they are just that...rare occurrences. They can be addressed when they occur.

    --
    "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
  45. Re:a scientific approach in the land of personhood by Anonymous Coward · · Score: 0

    No, no, the article states
    "Scientifically frozen embryos are not the same as a living child."

    So it must be so. Science agrees.

  46. Re:Why is this even a question? by Wycliffe · · Score: 1

    This is easy. Based on current legal standards, to force the woman to become a mother against her will is rape. To force the man to become a father is merely a call for more stringent child support enforcement.

    Not to mention the woman has the absolute right to destroy the embryos if she so chooses.

    Summary judgement for the woman unless you want to upend hundreds of years of law.

    Current legal standards are based on the embryo being attached to the woman's body and you have to
    violate her person to remove it so the scale is tilted to her favor.

    In this case the embryo is not part of the woman's body or the man's body so they have equal right to it.

  47. Re:a scientific approach in the land of personhood by goose-incarnated · · Score: 1

    Who Owns Pre-Embryos?

    From a scientist: What the fuck is a pre-embryo.

    Which scientist? I was a researcher for seven years, mind...

    the disposition/custody of the pre-embryos is now hotly contested.

    If the biomatter belongs to a specific person, then it is their biomatter. If you spit on a judge, your biomatter has incriminated you in the act of contempt. If you rape, then your vaginal secretion/sperm is accounted for by the prosecution during your trial as evidence and considered during sentencing. If you froze eggs, they're yours. At best the whole complaint here is a mysoginists tantrum.

    Even leaving aside the fact that the biomatter in question belongs equally to both parties, you're still wrong and here's why: biomatter not attached to your body is not legally considered to be your part of your body. It's considered medical waste or similar and as such it is handled by the legal system as any other property; IOW you may be found responsible for it but you're certainly not going to be the default owner of it. You'll be accountable but with none of the privileges of ownership.

    --
    I'm a minority race. Save your vitriol for white people.
  48. Re:Both own half. by Anonymous Coward · · Score: 0

    King Solomon would propose it, then give the entire embryo to whoever relinquished control. Problem is, it's lose-lose for the party who wants the embryo to remain intact, and win-win for the one who does not.

  49. What's worse... by Anonymous Coward · · Score: 0

    ...is if she wins, she can be impregnated, and have kids against the guys wishes... ...and the guy is on the hook for child support...

  50. Re:Why is this even a question? by BarbaraHudson · · Score: 1

    Since it wouldn't be possible without the contributions of both, and they haven't yet been implanted (which is the object of any of the "oral contracts" they supposedly entered into), they should be flushed if either side withdraws their consent. Very simple.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  51. So... by Anonymous Coward · · Score: 0

    If this were concerning abortion, the argument is that it is just a clump of cells.

    For this even pre-embryos have a presumed future personhood status.

    Gotta love the mental gymnastics.

  52. Re:a scientific approach in the land of personhood by Ihlosi · · Score: 1
    If the biomatter belongs to a specific person

    Things like clones and identical twins aside, the scientific way to attribute a certain glob of biomatter to a specific person with a high certainty would be DNA analysis.

    The problem here is that this scientific way completely fails for fertilized eggs, as their DNA is clearly different from either biological parent.

  53. Re:a scientific approach in the land of personhood by Anonymous Coward · · Score: 0

    > What the fuck is a pre-embryo?

    Dinner and movie.

  54. Re:Both own half. by turbidostato · · Score: 2

    "As with any business contract"

    Parenting is not a business contract.

  55. Re:Both own half. by Immerman · · Score: 2

    Sure. All we'll need is a radical revolution in gestational engineering... which is probably even further away that a revolution in relativistic travel or reliable long-term cryogenics. The uterus is a surprisingly sophisticated organ. Or maybe not so surprising when you consider that it's designed to safely host a parasitic organism for nine months while sharing a circulatory system with its host, and preventing either organism's immune system or incompatible blood chemistry from killing the other.

    --
    --- Most topics have many sides worth arguing, allow me to take one opposite you.
  56. Re:Should sexist opensource projects be removed? by BarbaraHudson · · Score: 2

    I think I voice the majority view when I say I'm tired of seeing you spam discussions repeatedly with this completely off-topic crap.

    The release story was titled "Xonotic-Forked ChaosEsqueAnthology Sees New Release

    With a title like that and a game like that, it undoubtedly deserved to die. Besides, nobody is obliged to give you a soap box or distribute your crappy derivative game, no matter what your views are. Suck it up - you suck!

    Don't like it? Then market it yourself and let it stand or fail on its' own merit. That's the way the world works.

    Now go ahead and rage because someone finally decided to take a moment of their time to point out that you, like the emperor, have no clothes. It'll be fun to watch.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  57. Re:a scientific approach in the land of personhood by AmiMoJo · · Score: 1

    They mean frozen fertilized eggs. The eggs have to be fertilized with the male's sperm before freezing. I'm not an expert but apparently that's how it is, they can't be frozen and then fertilized later.

    So, there are some fertilized eggs that would grow into human beings if implanted back in a women. Half the material is from the female, half from the male. In the UK both people's consent is required just to keep them on ice, let alone use them.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  58. What sane guy would fight for this? by Anonymous Coward · · Score: 0

    Seriously go find another woman who is more healthy and make it happen with her. Why carry on the past with someone faulted, sorry not her fault, but you know what I mean. And think of the children, what chance do they have of same or other faults?

  59. Re:Both own half. by I'm+New+Around+Here · · Score: 4, Funny

    You haven't lived in a house full of women, have you?

    --
    If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
  60. Why didn't she bank unfertilized eggs? by MobyDisk · · Score: 2

    Why didn't she bank unfertilized eggs? Why pre-fertilize them?

    1. Re:Why didn't she bank unfertilized eggs? by hawkfish · · Score: 1

      Why didn't she bank unfertilized eggs? Why pre-fertilize them?

      Upthread response was that fertilised eggs preserve better.

      --
      You will not drink with us, but you would taste our steel? - Walter Matthau, The Pirates
  61. Pre-embryo is NOT a word!!! by RogueWarrior65 · · Score: 1

    GAH!!! If you're going to talk about scientific things, please learn the correct terminology which would be ovum in this case. Life is tough enough without people constantly trying to invent words to make themselves sound important.

    1. Re:Pre-embryo is NOT a word!!! by itzly · · Score: 1

      Ovum is even worse, because it only refers to a single egg, but the pre-embryo has already started to divide.

    2. Re:Pre-embryo is NOT a word!!! by Anonymous Coward · · Score: 0

      The word is "zygote".

    3. Re:Pre-embryo is NOT a word!!! by RogueWarrior65 · · Score: 1

      An ovum only starts to divide after it's been fertilized which would make it an embryo. If you're worried about pluralism, the correct term would be ova.

  62. Re:Both own half. by I'm+New+Around+Here · · Score: 2

    Parents give their children up for adoption. How would it be different for one parent to give up rights/responsibilities for an embryo?

    Certainly, it wouldn't take much of a law to allow the same legal ability.

    --
    If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
  63. Re: Both own half. by slick7 · · Score: 1

    Monsanto and Halliburton own them, Dickkk Cheney said so.

    --
    The mind conceives, the body achieves, the spirit manifests.
  64. Re:Both own half. by sonicmerlin · · Score: 3, Insightful

    When it comes to abortion no one seems to care about the father's opinion or feelings on the matter even though without him there'd be no fetus. It's all about a "woman's choice" while utterly ignoring the other side of the equation. Western society in general seems to value females more than males. So I'm guessing this will end up the same way.

  65. Re:Both own half. by Anonymous Coward · · Score: 0

    Each 'contributor' owns 50%. No decision regarding the subject pre-embryo may be be made without a majority.

    It is not so certain if it is 50%. An X chromosome has different (higher) base pair number than a Y chromosome. And even when an embryo would be female (XX), the mother "owns" all genetic material of the mitochondria.

  66. This isn't a new problem by rickb928 · · Score: 1

    Nor is it a new story, or a new anything.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  67. Re:Both own half. by Anonymous Coward · · Score: 0

    May I suggest the more logical inverse? ;)

  68. We do not have fingers and/or toes... by karlandtanya · · Score: 1
    --
    "Reality is that which, when you stop believing in it, doesn't go away." - Philip K. Dick
  69. Re:Both own half. by Anonymous Coward · · Score: 0

    Okay, maybe not more logical, but...

  70. Actually not really a problem by skeib · · Score: 5, Insightful

    I've just been through this process and signed the appropriate contracts (in Norway).

    When freezing embryos here, both parents sign an agreement that the embryos will be frozen for a maximum of five years, and that the explicit consent of both persons needs to be given before they are removed from the freezer, either for destruction or implantation. After five years they are destroyed anyway.

    Problem solved.

    1. Re:Actually not really a problem by Anonymous Coward · · Score: 0

      Except in this case they didn't sign such an agreement. Hence the problem.

    2. Re:Actually not really a problem by Anonymous Coward · · Score: 0

      Your solution is for everyone to move to Norway? Can I stay with you and your 1,000 new flatmates?

    3. Re:Actually not really a problem by impus · · Score: 1

      We've just been through the process too, in California.

      We both signed a contract to say what should happen to leftover frozen embryos in various situations, including if we were to break up. We chose to donate them for research in all cases. Other options included donating them to other couples, or having them destroyed.

      I'd assumed this sort of contract was standard practice, if only to protect the embryo storage company from this sort of dispute, let alone the patients. Apparently not.

    4. Re:Actually not really a problem by skeib · · Score: 1

      Well, yes. Some problems can only be properly solved by planning ahead. That does not mean that the problem is any more difficult, just that one needs some planning (and probably some laws for when no planning are in place).

  71. Re:Both own half. by Anonymous Coward · · Score: 0

    Why not ship the frozen fertilized ova to another star system w/o any humans on board? Once they arrive at their destination, robots should be able to handle growing them in a gestational tank and decanting them at the right time.

    You'll have to make sure the decanting is done correctly. Like good wine, the younglings will need to breathe.

  72. Re:Both own half. by Anonymous Coward · · Score: 0

    Incredibly naive, even from a biological perspective.

    An embryo can have as many as 4 parents before it even implants into a womb, which could be a 5th party. One ovum, one mitochondrial, and the two haploids you're referring to. Does the addition of an individual for mitochondria or ovum dilute the other "owners?" That doesn't even account for the outside future possibility of selecting from the 23 groups from individual diploids.

    From a legal perspective, it's even more challenging; you don't even need to RTFA to understand that there could be surviving NoK that inherit ownership - including the *state*, contractual relationships relating to storage and IP, even larger sociocultural moral obligations that might be considered wrt over/under population. Suppose a retrovirus has been used to engineer the genome of the embryo to add coding DNA for some trait?

  73. Re:Both own half. by morphotomy · · Score: 1

    How does that fit the definition of "win-win" at all?

  74. oh that's easy. by jasonridesabike · · Score: 1

    me. Glad to have cleared that up for y'all.

  75. Re:Both own half. by Anonymous Coward · · Score: 0

    Exactly and I think his point is that you need a majority to do anything otherwise they stay in the freezer. Case closed.

  76. Re:Both own half. by masterofthumbs · · Score: 1

    Separate dorms.

  77. Re:a scientific approach in the land of personhood by Anonymous Coward · · Score: 0

    What the fuck is a pre-embryo.

    Pre-embryo is a flicker in the eyes, the inviting smile, the day at the private beach, the Las Vegas trip gone peach, all combined with a healthy egg, shaken but not stirred.

  78. Re:Both own half. by BarbaraHudson · · Score: 1

    Embryos don't need a uterus. Just look at ectopic pregnancies. And then there are cases such as this. Anything that the placenta can feed off of is fine.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  79. Re:Both own half. by Anonymous Coward · · Score: 0

    I saw that one...had Sigourney Weaver in it.

  80. Re:Both own half. by Anonymous Coward · · Score: 0

    Minimizing mass is of course absolutely critical.

    Space doesn't think much of the mass of your puny space ship. Minimizing mass is absolutely critical ONLY during launch, and only if thrust during launch must be provided by a combustion engine that burns tons of fuel per second. While this is the case, I wouldn't worry about mass - as long as mass is a major issue, we're not ready for long-range space travel.

  81. Who paid for the procedure? by cnaumann · · Score: 1

    Seems simple enough.

    If they split the cost, then half the embryos belong to her, half belong to him.

    If the laws say that the genetic daddy has to pay child support, he is just going to have to deal with it.

  82. Scientifically? by Anonymous Coward · · Score: 1

    what is a frozen embryo scientifically? other then a frozen human in the embryonic stage of development?
    would an adult in suspended animation also not be considered human for some reason?
    It seems a bad idea to confuse law and science. Legally women are property in some countries, There was a time when legally people with black skin were not 'persons', legally speaking. The law is based off of human precepts and philosophies, but science is base off of hard physical realities.

    A frozen , zygote, remains a frozen human zygote, with exactly the same potential to be a human as everyone reading this post once had, all of us having passed through the same stage of growth. Is a zygote, scientifically a child? I guess that would depend on your definition ( and therefore what test you use ) for making that determination. However the common definition from google would say it is a child, in so much as the definition is testable.

    https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=define%20child&safe=active

    It should also be noted that weather or not it is immoral , or should be illegal to kill human children , is not a question that can be answered by science, aka not a testable proposition.

  83. What about the man's perspective? by Anonymous Coward · · Score: 1

    Posting anonymously due to personal information in this comment, but I will disclose that I am male.

    So far all of these comments tend towards the idea that the man wants to be released from any obligations he has towards the pre-embryos, and the woman decides later to carry them forward.

    What about the opposite of that? What if the man wants custody and wants to hire a surrogate to carry those pre-embryos through to full-fledged crying baby stage? Does the egg-donor similarly owe child support, or can she sue for custody?

    I will tell you, as one who recently filed a batch of pre-embryos in a freezing facility, and who is hoping literally today for the good news that the process has worked, even from the perspective of having a very happy and fulfilling marriage, that the existence of those pre-embryos in the freezer weighs pretty heavily on my mind. I wouldn't have gotten into the whole fertility treatment process (and trust me, it truly sucks) if I did not desperately want children of my own. If the she in my equation decided to give up and walk out, it is not at all obvious to me how I would deal with that or what I would want.

    In our case, we already signed the relevant paperwork referred to by many helpful comment-posters above.

    As a secondary thought, I cannot imagine that any reproductive medicine establishment would choose to be in the middle of such a legal battle. It is definitely in the interest of such facilities to demand signed paperwork before participating in the creation of those pre-embryos. (Ours had such a policy.)

    1. Re:What about the man's perspective? by Shados · · Score: 1

      Something that makes things pretty shitty in this situation is that the guy basically had no chance:

      If you read around, a lot of people pointed out no contractual agreement can legally be enforced over giving up rights and responsibilities to the child. It doesn't matter what was signed as far as custody or child support or whatever, give or take.

      Now, when they were together, the girl had cancer, and wants to freeze her egg. No problem. But then they are told the eggs should be fertilized first. Now, you have a cancer patient in front of you begging you to help her keep her long dream of having a child.

      If your answer is: "Sorry sweetie...but if shit was to hit the fan, no matter what we agree to now or sign, no matter how much you ask me to trust you today, if we don't work out, my life could be ruined because there's nothing we can do to force these eggs to be destroyed once we're no longer together".

      Yeah, you'd be crucified on the spot by everyone who ever hears that story. So the guy more or less HAD to go through with it, or pay a very high moral/social cost.

      And now that shit DID hit the fan, its basically: "Well, if you didn't want this to happen, you shouldn't have gone on with it!!!".

      I personally just went and paid the social cost: When i got into a relationship, i made it very clear kids were not for me, period. Before we got married, I made it very clear yet again. Some people thought i was a horrible person for making these kind of "demands", but she was ok with it. 15 years later, she still is.

      Thats not for everyone though.

    2. Re:What about the man's perspective? by Anonymous Coward · · Score: 0

      If you read around, a lot of people pointed out no contractual agreement can legally be enforced over giving up rights and responsibilities to the child. It doesn't matter what was signed as far as custody or child support or whatever, give or take.

      A lot of people pointed out a claim that they only thought was true. Sure, claiming that there is no way to give up rights and responsibilities to a child may seem true on the surface. But then we realize there is something called adoption. And then we learn that states have recognized the changing state of affairs regarding medical technology, so that sperm donation, egg donation, embryo donation, and even surrogacy laws do exist, and yes, they do include absolving parental rights and obligations. There are many states with such laws, including the one where both parties are apparently resident and where the procedure was performed, Illinois.

      So all they have to do is follow Illinois's laws. It's even easier if this woman is married, then she just has to arrange for the adoption before the implantation, and yes, that can be done.

      If Illinois's laws are some particular impediment, that hasn't been established. The reporting indicates that it may be ambiguous in the law at worst, but offers two valid approaches. Which one does the state legislature want to prefer? Well, they can speak anytime. That is entirely within their purview.

      As far as quoted, the father seemed concerned about the appearances of it, not the reality of it. But if they didn't know in advance what could happen, that would have to be proven, since I find it unlikely that any competent facility would go through with it without covering this relatively easy to anticipate outcome.

  84. Re:Both own half. by Anonymous Coward · · Score: 0

    You can write the contract, sure, but no court will enforce it.

    Place a deposit, use Ethereum!

  85. Re:Both own half. by Anonymous Coward · · Score: 0

    I have heard of this where the 'donors' give the child up for adoption to the gay partner, but have never seen a verified instance.

  86. Re:Why is this even a question? by snadrus · · Score: 1

    So legally, they should both have "the man's rights", which is none at all.
    They contributed to a sperm-bank, effectively.
    Anything beyond here is akin to adoption.

    Proof: Biologically, another woman could implant.

    --
    Science & open-source build trust from peer review. Learn systems you can trust.
  87. Re:Both own half. by CauseBy · · Score: 1

    There could be precedent in a case I once heard about, where blowjob+secrecy+turkey baster resulted in a pregnancy. The court ruled that the man was not on the hood for child support because the sex act he consented to could never reasonably be construed as one that could end in a pregnancy. Only the woman's extraordinary actions resulted in the pregnancy, therefore she alone was responsible. I think that was a reasonable ruling.

  88. Re:Both own half. by sjames · · Score: 1

    And yet, that law hasn't been implemented, so the father would still be on the hook. Recently, a man who donated sperm under an agreement that he would have no further rights or responsibilities got hit up for child support and lost in court.

  89. Re:a scientific approach in the land of personhood by moeinvt · · Score: 1

    "What the fuck is a pre-embryo."

    In the article, they stated that a "pre-embryo" is "an embryo that has not yet been implanted".

    Something wrong with that? I think it suffices for the purposes of a magazine article. As long as they define their terms, I find it highly unlikely that they are using linguistic subterfuge to further some weird political agenda.

    "If the biomatter belongs to a specific person, then it is their biomatter."

    OK, so according to you, the sperm belong to the guy and the eggs to the woman, right?
    Well, given the fact that they have no way of removing the man's biomatter from the pre-embryo without destroying the woman's biomatter, can you see why the issue is "hotly contested"?

  90. What about her ability to reproduce? by SeaFox · · Score: 1

    The original intention of this whole per-embryo freezing was in case she lost her ability to have children on her own after that. She survived the cancer treatment, but what her reproductive functions? Seems to me the easy answer is that if she still has that function, she does not have to have these specific frozen embryos to reproduce. She can conceive a child with someone else. They should just be destroyed and nobody will get them then.

  91. Re:Why is this even a question? by Anonymous Coward · · Score: 0

    That's why oral contact sex is better than any oral contract.

  92. Re:Both own half. by Frigga's+Ring · · Score: 1

    I can't speak for ALL western nations, but according to WebMD, the third trimester begins at week 27. According to WhatToExpect.com, in the US, "if the pregnancy is farther than week 24, abortion is no longer an option". I looked this up to sate my own curiosity and not to feed into your flamebait post.

  93. Re:Both own half. by Anonymous Coward · · Score: 0

    And then the newborn babies are left to die on the planet? Do you see the problem here? If we can ever build robots sophisticated enough to raise and educate human beings from birth, then at that point the humans seems a little redundant.

  94. I claim ownership by Anonymous Coward · · Score: 0

    I claim ownership of all my DNA, Identity, and all other biological information unique to me including but not limited to gene sequence and chemical composition and/or arrangement.

    Any claims contrary to this are not withstanding.

  95. Re:Both own half. by hawkfish · · Score: 1

    Why not ship the frozen fertilized ova to another star system w/o any humans on board? Once they arrive at their destination, robots should be able to handle growing them in a gestational tank and decanting them at the right time.

    I have a vague memory of reading about a natural experiment where something effectively like this happened (wolf children?) The children were basically insane because they missed parental bonding.

    --
    You will not drink with us, but you would taste our steel? - Walter Matthau, The Pirates
  96. Re:Both own half. by nbauman · · Score: 2

    If a majority decision can't be reached than the status-quo basically gets maintained, the things sits frozen.

    I actually wrote a couple of articles about this, and I interviewed some lawyers and medical ethicists.

    The general legal principle was: You can't force someone to have a child without their consent.

    When you have sex, you've given your irrevocable consent.

    When you donate your sperm through a legal procedure for anonymous sperm donors, you've given your irrevocable consent. That's the only way you can donate sperm without being legally responsible for the costs of bringing up the child.

    When you store your sperm with the intention of being used by a specific person, you can withdraw your consent.

    If my girlfriend and I decide to store my frozen sperm, or our frozen embryo, we both have to give permission to go on to the next step and get a pregnancy.

    This came up in the following interesting real-life situation: A man dies unexpectedly. After death, a doctor harvests his sperm. His wife, girlfriend or parents want to use the sperm to have a grandchild. But he never gave permission. Most of the lawyers said that they couldn't legally use the sperm to produce a child and make him a father without his permission. In reality, they usually harvest the sperm, and after a few months, decide not to go through with it.

    But there are a few stored embryos that couples created because they wanted to keep the option of having a child in the future, after cancer treatment or some other medical reason. When I looked at it, the law was pretty clear that both parents have to consent. Accordingly, I was interested in the New Yorker article.

    Some contracts are revocable, and some are irrevocable. If I agree to work at McDonald's, that's a revocable contract. If I sell a house, that's an irrevocable contract.

    In the past, courts have treated these IVF agreements as revocable contracts. According to that article, New York treats them as irrevocable contracts. Massachusetts doesn't.

    Some contracts are oral, and some must be in writing. I can go to work for a restaurant based on an oral contract, but I can't sell a house based on an oral contract. The law has traditionally required written contracts when the stakes were high and people might remember things differently. That judge in Illinois seems to have decided to accept an oral contract. It sounds like she's going against established law, which isn't a good thing. It also sounds like she's making decisions based on her own personal feelings, which also isn't a good thing.

  97. Re:Both own half. by LordLimecat · · Score: 1

    Why are you limiting it to just 3 people? It seems like a contrived problem.

  98. Re:Both own half. by ShanghaiBill · · Score: 1

    King Solomon would propose it, then give the entire embryo to whoever relinquished control. Problem is, it's lose-lose for the party who wants the embryo to remain intact, and win-win for the one who does not.

    Nope, because here are 8 embryos. So she can have 4, and he can have 4. Problem solved.

  99. Re:Both own half. by david_thornley · · Score: 1

    Figure a trip of a few centuries. You're going to have to have a LOT more than three people alive at any given time, just to stay sane. Humans are social animals, and need some sort of society. Nor are you going to have a baby girl born on the trip and automatically agree to spend her life as a barely sane brood mare. Not to mention that you are going to have to have a semi-working society ready to hit the ground at the new world and set up some form of civilization.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  100. Re: Both own half. by LordLimecat · · Score: 1

    Warning: This post contains content known to the state of California to cause cancer.

  101. Re:Both own half. by Anonymous Coward · · Score: 0

    So, what? You want to divide it in two and give each party one half? The problem you are missing is that one party may want to dispose of the pre-embryo while the other party may want to (eventually) birth and raise it. Those are mutually exclusive options.

    If that is the case then they can use the embryos they saved with a person that is willing to be a parent. If they don't have any such embryos, tough luck.
    You have no right to force someone else to be a parent against their will.

    But that is the simple solution.
    In this very real case you have a woman that wants to have children with a man she doesn't like. This makes me think that the cancer treatment and the strained relationship has given her some mental baggage that she needs therapy for. Hopefully that alone would be enough to resolve this issue.
     

  102. Re:a scientific approach in the land of personhood by LordLimecat · · Score: 1

    pre-embryos are some neoconservative evangelical dry-hump term used to justify strange ballot measures

    Because as we know, the New Yorker is a hotbed of neoconservative evangelical activity.

  103. Re:Both own half. by david_thornley · · Score: 2

    There was a case on Slashdot.

    Basically, if you're doing anything even slightly out of the ordinary that may be very expensive, consult a lawyer. They aren't all that expensive for a short consultation, and in any event are a whole lot cheaper than eighteen years of child support. The people involved had tried rolling their own agreements, a very bad idea in many cases.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  104. Re:Both own half. by ShanghaiBill · · Score: 1

    Why not ship the frozen fertilized ova to another star system w/o any humans on board?

    You don't even need that. If it is properly compressed and de-duplicated, you can encode most of human genetic diversity on a 64GB USB thumb drive. You might want to take along a second copy just in case there are some read errors on the first one. Then you just need some DNA splicing equipment, an artificial womb, and some generic ova to boot up the process.

  105. Re:a scientific approach in the land of personhood by metrix007 · · Score: 1

    You must be a pretty crappy scientist if this is how you reason things.

    --
    If you ignore ACs because they are anonymous - you're an idiot.
  106. Bitch does by Anonymous Coward · · Score: 0

    Wo else?

  107. Re:Both own half. by penguinoid · · Score: 1

    You can't contract out of child support, much like you can't contract into slavery. You can write the contract, sure, but no court will enforce it. The only way to (currently) do so is to donate sperm to a state-endorsed sperm bank. If you simply just donate sperm you will still be on the hook for child support - this has already been tested in courts.

    What happens if you donate sperm to your girl via a state-endorsed sperm bank? This may be a way to loophole the current laws in the case of frozen embryos. (silly legal system)

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  108. Re:Why is this even a question? by Wycliffe · · Score: 1

    So legally, they should both have "the man's rights", which is none at all.
    They contributed to a sperm-bank, effectively.
    Anything beyond here is akin to adoption.

    Proof: Biologically, another woman could implant.

    I would agree to this. Just like presumably you could withdraw consent for your sperm in
    a sperm bank* to be used before it is actually used, either party should be able to withdraw
    their consent until it is actually placed into service. In the sperm bank case, you might have
    signed a waiver giving up your right to retract or it could be assumed like when you donate blood
    but in this case they maintained ownership but as soon as either party revokes consent then
    the embryos should be flushed.

  109. Re:Both own half. by butchersong · · Score: 1

    I'm not about to wade into the abortion debate but plenty of abortions are performed in third trimester in the US. The common meaning of a late term abortion is any time after 20 weeks.

  110. Re:Both own half. by Anonymous Coward · · Score: 0

    Each 'contributor' owns 50%. No decision regarding the subject pre-embryo may be be made without a majority.
    Case closed.

    This is blatantly incorrect in the case of sexual reproduction. Up to the point of birth, 99% of the investment comes from the mother, and until birth, 100% of it is a part of the mother's body. It is in fact this distinction that best defines who the 'mother' and the 'father' are - the only such rule for which no exceptions are known in the natural world.

    This is a non issue from both the biological as well as medical points of view, typical for lawyers to try and debate the obvious anyway. If it later turns out the church is paying the lawyers of the father, the picture will be complete.

    It's quite funny to watch a country completely replace common sense with litigation. Funny if you don't live there anyway.

  111. Re:Both own half. by Anonymous Coward · · Score: 0

    The most practical implementation would be to have a crew of three young, short-statured women.

    Let me stop you right there. This ship won't last long enough to reach Mars. You're kinda forgetting about the fact that you're shipping humans, not boxes. It has been well known for quite some time now that single-sex crews are a very bad idea for long voyages.

  112. Re:Both own half. by Anonymous Coward · · Score: 0

    I'm not about to wade into the abortion debate but plenty of abortions are performed in third trimester in the US. The common meaning of a late term abortion is any time after 20 weeks.

    20 weeks still has nearly two months of second trimester remaining. Third trimester abortions are extremely rare, with only four practitioners performing them in the US. Often described as "partial birth abortions," they generally include a specific procedure to kill the fetus prior to removing it from the womb, where earlier in pregnancy, the fetus terminates as a consequence of removal/expulsion.

  113. Re:Both own half. by Anonymous Coward · · Score: 0

    You want to know something funny? The uterus is actually incredible hostile to the embryo - almost the slightest glitch causes a rejection, while embryos implanted outside the womb will develop perfectly safely (but need to be born in C-section). This is the result of evolution trying to produce the healthiest offspring; the uterus is a "filter" to reject undesired characteristics rather than "nurture" the embryo. The embryo is a self-contained parasite that will do just fine on its own.

  114. Re:Both own half. by danomac · · Score: 2

    I work for an organization where women outnumber men 12:1. Every time someone makes a comment like this, I immediately suspect they've never been around that many women before...

  115. Split 'em up. by DriveDog · · Score: 1

    Were there an even number? Then randomly distribute them among the mother and father. If an odd number, leave one frozen somewhere for eternity or until both parties agree on what to do with it.

    1. Re:Split 'em up. by DriveDog · · Score: 1

      Oh, neither party is happy with that? Tough. That's what you get with a tie, and any time you have a contest, it can end in a tie.

  116. Re:Both own half. by kylemonger · · Score: 1

    Most human are social animals, but maybe someone on the autism spectrum would be a better fit for such an environment.

  117. Re:Both own half. by Anonymous Coward · · Score: 0

    Not all, if you blow a load on your floor or she shits an egg into a tampon, does that mean the floor and the tampon each own half?
    It takes two to tango good sir, if both dont agree then its the same damn difference, it will be destroyed and lost like everything else.

  118. Easy by Anonymous Coward · · Score: 0

    The State does. Everything should belong to the State. We would live in a better and less complicated world if everybody accepted that we only live to serve the State.

  119. Re:Both own half. by Anonymous Coward · · Score: 0

    You can't contract out of child support, much like you can't contract into slavery.

    It's ironic, really, given that child support is the closest thing we have to slavery under current law.

  120. Pre-embryos? by Anonymous Coward · · Score: 0

    Huh?

    Pre-embryos? Since when do we have such expression?

    Pre-babies, too?

    Some people have a way with words. It's like people talking about death sentence: "it's killing, not murder" and the commandment in its original language was not about killing.

    Yeah, right.

    It will be interesting when _you_ are declared a pre-person...

  121. Just think in a proper terms: pregnant woman. by fraxinus-tree · · Score: 1

    Pregnancy easily can outlast the relationship that caused it. In all jurisdictions and cultures I am aware of, it is a woman's decision to keep the baby or not (if someone is allowed to decide at all).

  122. Re:Both own half. by dinfinity · · Score: 1

    Thanks for getting my point and not being a 'King Solomon'-waving or 'think of the child support!' dipshit, like most of the others here.

    This is not a "women's body"-issue (as actual pregnancies may be construed as), but one of multiple sane adults enabling a postponed decision. Gender is irrelevant here, the subject is irrelevant and philosophically speaking, the number of parents is irrelevant as well.

    The pre-embryos are not alive yet and the situation is thus equivalent to owning pretty much any inanimate objects with multiple people. The only slightly complicating matters are that the objects are very rare and irreplaceable, yet non-liquidatable. They could be inherited frozen T-Rex eggs: the problem (and answers) would remain the same.

  123. Re:Both own half. by gweihir · · Score: 1

    If they have no agreement, but both their DNA is in there, then each of the two rightfully has a veto on their use. I do really not see what the issue is here, except some delusional "think of the children" nonsense.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  124. Re:Both own half. by Anonymous Coward · · Score: 0

    It's easy to force someone to had a kid without their consent.

    1) Rape a female and tie her down until she gives birth.
    2) Rape a male. He now has no say over whatever the female wants to with a baby. There have been cases where this happened and the male was forced to pay child support.
    3) Steal some sperm from a condom (from sex or masturbation). The male may never know until she comes after him for child support.

  125. Re:Both own half. by Rei · · Score: 1

    Space doesn't think much of the mass of your puny space ship. Minimizing mass is absolutely critical ONLY during launch, and only if thrust during launch must be provided by a combustion engine that burns tons of fuel per second.

    Mass is always relevant in accordance with the rocket equation. It's not merely "relevant", it's fundamentally critical to transit time, at a not-even-close-to-linear scaling ratio.

    Furthermore, if you have some ready-to-go technology that combines high thrust and high ISP, to the degree required for fast interstellar travel with heavy spacecraft, please inform NASA immediately. And no, Orion is not even close to a ready-to-go technology, and it's not even that great ISP; with practical-sized pusher plates, it only gets a couple thousand. Medusa does better, but not "write off mass concerning an interstellar mission" better. And they plus all of the other proposed high ISP/high thrust techs are all very, very far from ready-to-go.

    --
    "...but Republicans plan to come back with a new plan, where they just slash the tires on all the ambulances."
  126. Re:Both own half. by Rei · · Score: 1
    --
    "...but Republicans plan to come back with a new plan, where they just slash the tires on all the ambulances."
  127. Re:Both own half. by Rei · · Score: 1

    Believe it or not, humans can and do live in isolation in single family units all over the world. It's not exactly a good environment to grow up in, but it doesn't turn someone into a murderous beast or whatnot. Do also realize the alternative. Every person you add - and their corresponding mass overhead - dramatically slows down your spacecraft or dramatically scales up the size of its launch stack. There are huge costs; launching only the absolute bare minimum is critical. The slower you go, the more consumables you need, which increases its mass on its own (see the aforementioned problem), and the greater the likelihood of catastropic collapse).

    No, a semi-working society ready to hit the ground is most definitely not a requirement, you don't want a "society" until you have a base set up that can sustain them, and automatic robotic labor, not human power, is far more efficient (both in mass and energy terms). But even if such a ready society was a requirement, that'd only be a task for the last generation or two, not every generation in transit. Again, minimizing mass (and thus in-transit consumables) is critical.

    The biggest challenge of the whole thing is the massive difficulty of setting up a truly independent colony with as little hardware as possible. Modern technology is based on ridiculously long resource and production chains, with each part produced requiring consumables from numerous other different production chains; a single random piece of modern technology may ultimately have required some tiny degree of the usage of tens to hundreds of thousands or more chemicals or parts that will eventually wear out, in thousands of systems scattered all across the world. Every bolt on every mining truck, every hydraulic fluid in every piston, every seal, every fluxing agent, every tire tread, every hammer-mill hammer, they all need to able to be produced at a faster rate than they are consumed. One obviously gravitates toward "generalized"production processes like 3d printing for part manufacture and plasma centrifuging for refining; however, low volume / high consumable production techs such as these may be fine for low volume consumables but become a consumes-more-than-it-yields dead-end when it comes to making high volume consumables. And you can't just send an emergency resupply boat to a different starsystem. It's fundamentally critical that technology chains be condensed to their absolute simplest cores. Nor are all of your raw mineral inputs going to be found in the same location, which means a cross-planetary shipping system is needed. All of this sort of stuff is the real challenge.

    --
    "...but Republicans plan to come back with a new plan, where they just slash the tires on all the ambulances."
  128. Re:Both own half. by Rei · · Score: 1

    It has been well known for quite some time now that single-sex crews are a very bad idea for long voyages.

    Like 98% of military crews throughout modern human history?

    --
    "...but Republicans plan to come back with a new plan, where they just slash the tires on all the ambulances."
  129. Just destroy them by righteousness · · Score: 1

    The pre-embryos are abominations. Just destroy them. Why do you people insist on making things so complicated?

    --
    Don't fornicate. Seriously, just don't do it.
  130. Re:Both own half. by BarbaraHudson · · Score: 1

    And then the newborn babies are left to die on the planet? Do you see the problem here? If we can ever build robots sophisticated enough to raise and educate human beings from birth, then at that point the humans seems a little redundant.

    Most of us die, and mostly on some planet or other. Generation ships operated by humans have a very low probability of success due to human factors.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  131. Re:Both own half. by BarbaraHudson · · Score: 1

    And then there's the stories where this gives rise to the Adam and Eve myth.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  132. waste of tens of thousands of dollars by gzuckier · · Score: 1

    You want kids? Adopt. The world is full of kids who need families. You want to reproduce your own little genetic sample? Get over yourself. Your genes are well enough represented in the human genetic pool. In fact, if your judgement is that bad that you'd sink like 20 grand a shot on the iffy chance of an IVF being successful, that's a good argument that your particular genetic combo should NOT be reproduced.

    --
    Star Trek transporters are just 3d printers.
  133. "Scientifically and legally, frozen embryos are... by vandamme · · Score: 1

    "Scientifically and legally, frozen embryos are not the same as a living child." Well, duh. They're younger, and don't breathe. Now explain how they're not individual humans, with no rights. And if it's age, then these rights can be taken away from anyone at the wrong age.

  134. Re:Should sexist opensource projects be removed? by gzuckier · · Score: 1

    Speaking of things turning ugly in FOSS space... Should sexist opensource developers have their projects censored or removed?

    Recently an opensource game release story was removed due to the game developer's open sexism(0) and harrasment(1) of women in tech.

    A story posted by the editor of the popular Phoronix linux news site about a release of an Open Source videogame was later manually removed(2). The reason cited was the game developer's unacceptable views on social issues such as gender equality (3).

    The release story was titled "Xonotic-Forked ChaosEsqueAnthology Sees New Release - Phoronix" and can be accessed via the google cache(4).

    With the recent inclusion of a code of conduct(5) for those wishing to contribute to the Linux Kernel some questions now need to be asked and answered about the inclusion of code from people who are known to engage in or promote socially unacceptable attitudes or harrasments of those whom the free-software movement would prefer to attract in their place:

    * Are the social or political views of an author of free software relevant to that software's inherent quality? * Should the beliefs of an opensource developer weigh when when evaluating whether a piece of opensource software is worthy of any publicity or public notice? * Should men with unpopular or "forbidden" views be excised from the opensource movement and "not allowed" to contribute, in a manner similar to that which is done in employment? * Has the free/opensource software movement changed in these respects since its founding? If so is this a positive change? * Should there be gatekeepers to opensource that decide who may and who may not contribute. Should abusive developers be "blackballed" to maintain proper social order and controls?

    and

    * What are the consequences of not doing this

    Citations: (0) Past related incident: http://esr.ibiblio.org/?p=1310 (1) http://geekfeminism.wikia.com/... (2) Removed story URL: http://www.phoronix.com/scan.p... (3) http://www.phoronix.com/forums... "Fortunately, the article has been removed now." "Thanks everybody for speaking up." (4) https://webcache.googleusercon... (5) Linux "Code of Conflict" http://whatwillweuse.com/fodde...

    sheldon, amy told me to tell you to unblock her sexts.

    --
    Star Trek transporters are just 3d printers.