How to Safeguard Rights of IVF after Divorce
Test tube baby is one of the important achievements of modern medical technology, which has helped many infertile couples realize their dreams of childbirth. However, if we are unlucky to face divorce, the legal status and parental rights of IVF will bring new challenges to the divorced parties. This article will discuss the rights protection of IVF after divorce from four aspects.
Disputes over parental rights and guardianship
First, one of the most common problems after IVF divorce is the dispute between parental rights and guardianship. The legal profession has no unified view on the paternity of IVF, so both parties to divorce need to apply for the determination of paternity and guardianship according to law. On the one hand, the court usually considers the biological parent-child relationship, that is, whether the biological parents of the child are the same as the divorce parties of the child. On the other hand, the court will also consider the factual basis for the establishment of the parent-child relationship with the child, such as whether it played a parental role in the process of childbirth. Both parties to divorce can strive for their parental rights and guardianship rights by providing relevant evidence, such as medical reports, paternity tests, etc.
Secondly, the divorce parties can also choose to reach an agreement through mediation, consultation and other ways, and submit it to the court for making relevant decisions. Divorce cases involving IVF often require more time and energy to resolve parental rights and guardianship issues, so both parties to divorce should handle disputes rationally and cooperatively to minimize harm to children.
Property division and alimony
After IVF divorce, another issue worthy of attention is the division of property and alimony. In IVF divorce cases, divorce parties usually have disputes over property division and alimony. The division of property involves the division of husband and wife's common property and personal property, while alimony involves the costs of child rearing and education.
Both parties to a divorce may, with the assistance of lawyers, evaluate and distribute their property in accordance with the provisions of the law. At the same time, the court will determine the amount of alimony according to the economic situation of both divorce parties and the actual needs of IVF babies. Both parties to divorce shall reasonably distribute their property to ensure the legitimate rights and interests of IVF.
Seek legal aid and advice
Both parties to a divorce can seek legal aid and advice when facing the issue of IVF divorce. Legal aid can help both parties to divorce understand the legal provisions, answer relevant questions, and provide legal representation when necessary. Both divorce parties can also consult professional lawyers for more professional legal advice and guidance.
Legal aid and consultation can help both parties to divorce better understand their rights and obligations, rationally handle disputes, and safeguard their own and children's legitimate rights and interests.
Resolving disputes with a third party
Finally, the divorce parties can also use third-party institutions to resolve disputes, such as family mediation centers, arbitration institutions, etc. These institutions can provide neutral mediation and arbitration services to help the divorce parties reach reconciliation opinions and resolve the divorce of IVF.
Through family mediation and arbitration, both parties to divorce can reduce litigation costs and time, while protecting the interests of children. These institutions can provide neutral and professional services to help divorce parties properly resolve disputes and reach consensus.
summary
The rights protection of IVF after divorce involves disputes over parental rights and guardianship, property division and alimony. Both parties to a divorce can resolve their disputes through legal means, and make full use of legal aid and the help of advisory bodies. At the same time, the divorce of IVF can be solved more quickly with the help of a third-party institution. Both parties to a divorce should rationally and cooperatively handle disputes to ensure the legitimate rights and interests of IVF.
