The Influence of IVF Divorce on Property Division
IVF divorce refers to the separation of parents of children born through assisted reproductive technology (including in vitro fertilization, embryo transfer, etc.). Compared with divorce of couples who are naturally pregnant, IVF divorce involves special legal and moral issues. In divorce cases, property division is an important issue for both parties. The following will discuss the possible problems of IVF divorce from the perspective of property division.
Legal provisions and property ownership
The property division of IVF divorce is usually subject to the national marriage law and the laws and regulations related to IVF. In many countries and regions, common property is generally divided according to the principle of joint property of husband and wife, that is, whether there is test tube baby or not, the property acquired by husband and wife during marriage will be divided proportionally. But there are special circumstances for IVF divorce. Some countries will provide special protection for rights and interests related to IVF. For example, parents may agree and allocate rights and interests such as custody and visitation rights of IVF after marriage, and these rights and interests may also be related to the division of property.
Specific issues of property division
The property division involved in IVF divorce mainly involves the following specific considerations:
First, the costs associated with IVF. The process of IVF needs to pay certain fees, including medical expenses, artificial pregnancy costs, etc. At the time of divorce, the husband and wife need to negotiate the sharing of these expenses.
Secondly, the expenses related to the rearing and upbringing of test tube babies. After the divorce of test tube babies, the husband and wife need to negotiate and determine the child support costs, education costs, etc. The distribution of these costs may be affected by factors such as husband and wife's income, custody rights and the special circumstances of IVF.
Third, issues related to the heritage of IVF. If one of the husband and wife dies, there will be disputes about the inheritance rights of the children. In divorce, how to determine the inheritance right and inheritance distribution of IVF between husband and wife is also an important factor to consider.
Ways to solve the problem of property division
For the problem of property division in IVF divorce, the husband and wife can solve it through consultation, mediation or litigation. First, negotiation can be a voluntary agreement between the husband and wife to solve the problem of property division through negotiation. Secondly, mediation can provide neutral opinions and suggestions to help couples resolve disputes through the intervention of independent third-party institutions. Finally, if the husband and wife cannot reach an agreement, they can choose to submit the property division dispute to the court for adjudication through litigation.
summary
IVF divorce brings many special problems to property division. According to the laws and regulations of different countries and regions, both husband and wife need to negotiate and solve the problem of property division according to the special situation of IVF. This includes the division of costs and maintenance costs related to IVF, as well as inheritance rights and distribution of IVF. The settlement of property division can be carried out through consultation, mediation or litigation. In any way, it is vital to ensure the interests and rights of IVF.
