Mediating Reproductive Technology Agreements: Why You Can’t Be Too Careful
Disclaimer: This blog does not constitute legal advice. If you have any questions about your individual situation, it’s best to seek the advice of an experienced legal professional.
The rise of fertility clinics means reproductive technology now plays a part in any number of domestic situations and interpersonal dynamics. Well-to-do older couples who want to conceive later, same-sex couples, and cancer patients facing devastating treatments that can affect their fertility all know that in real-life situations, reproductive technology isn’t quite so impersonal. The San Diego divorce mediation experts from Divorce Options San Diego offer the following advice on forming agreements about reproductive technology that are truly beneficial for both parties.
Not All Agreements Are Created Equal
When divorced couples fight over reproductive technology, it’s usually because one of them wants to have children after their divorce and the other one doesn’t. In many cases, the court case works out in favor of the party who doesn’t want to be a parent. Many of these couples have made agreements at fertility clinics, and the courts often enforce these agreements. In the latest newsworthy case, an Arizona court ruled in favor of the original agreement between the couple. The fertility clinic agreement stated one party would require consent from the other party to procreate. As the husband’s attorney put it: “These are extremely difficult and emotional issues, so it’s best for couples to make decisions ahead of time.”
Yet the idea that “working things out ahead of time” will be enough assumes all agreements are equal. Even though it may appear both parties have entered an agreement of their own free will, anyone who has signed an unfavorable prenup under pressure can attest that both parties may not be fully present or cognizant of their needs and desires at the time the agreement is made. That’s where mediation comes in.
Mediation Produces Mutually Beneficial Agreements
When making an important agreement about your future fertility, the mediators at Divorce Options San Diego can help you unearth your true needs and interests to come to a better agreement. We put our psychoanalytical expertise to work for couples who are making important decisions about future fertility but who may need a deeper analysis of their true needs. We can also analyze other aspects of your situation, including economic issues, health needs, religious beliefs, and values. We can stress-test agreements in light of each couple’s individual situation.
The cornerstone of any lasting agreement is good faith. We help couples come to a full understanding of the issues involved in any fertility agreement, including the legal implications of procreating as well as future disputes and their potential outcomes. When couples make flexible agreements for their mutual benefit and in their own interests, these agreements are much more likely to last, saving time, trouble, and heartache.
Our Services & How We Can Help
At Divorce Options San Diego, we are highly qualified professional San Diego divorce mediators and certified financial planners with psychoanalytical expertise. Our mediators are caring, educated professionals who build divorce around conflict resolution, closure, and practical solutions for your future life.
When considering divorce, many people assume they’re facing an expensive battle, expecting a “win-lose” outcome and numerous court appearances. At Divorce Options San Diego, we reframe conflict as an opportunity to generate creative, optimized solutions for your future. We never litigate. We don’t do adversarial work, and we never represent one spouse against another. We empower divorcing spouses to own their divorce and craft sustainable, effective mutual agreements that will last long after the divorce is finalized.
We’re a one-stop shop providing a bundle of essential services, from paperwork, court documents, and financial analysis to life coaching and interior design. As a full-service mediation firm, we help you navigate the form-driven California divorce process and draft agreements that are fully legally compliant and take into account the needs of your whole family.
All our mediations start with thorough background research and information gathering that flows throughout the mediation process whenever necessary. Mediation is a 100 percent confidential process, so you can be assured your conflict will be handled with care and privacy. At Divorce Options San Diego, we emphasize an efficient, caring process that leaves out no detail relevant to your emotional, financial, or legal situation. We have offices in Solana Beach, CA, but we can work with you remotely at your convenience via telephone, video-conferencing apps, and other forms of electronic communication. Please contact us at 858-281-2628 for a discreet and confidential consultation to see how we can help.