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The Contractual Approach to Assisted Reproductive Technology Litigation

The number of frozen embryos in the United States continues to rise exponentially as people are turning to assisted reproductive technologies (ART) in order to conceive. Current laws fail to protect parties making agreements relating to their frozen embryos. Courts typically use the contractual approach to determine parties’ so-called agreements regarding the disposition of their frozen embryos. However, looking at these agreements as if they were simple contracts fails to protect parties in the divorce context. If courts continue to use the contractual approach, then they have a responsibility to examine the parties’ so-called agreements more closely.

 

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The Second Time Around Could Ring Your Bell: The Dangers of Child Support for the Non-Owing Spouse

Beware: If you are married to someone who pays child support, your income now can be combined with your spouse’s income for purposes of calculating your spouse’s child support obligation. Illinois has ventured into new territory with In re Marriage of Rushing.

 

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