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alien non-resident spouse trying to conceive

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jjd2011

Junior Member
My wife who is not allowed to be in the U.S.A is trying to conceive without my permission in vitro in Mexico. We do not live together, as I live and work in California. Am I liable for this child if she has one? Her family has a doctor and is trying to help her with this. I think it's unfair that they are doing this without my consent. I want to divorce her and she doesn't want to. I don't know where exactly she lives, but she told me about this. I've not brought up the legal aspects of this with her yet. Any suggestions?
 


single317dad

Senior Member
My wife who is not allowed to be in the U.S.A is trying to conceive without my permission in vitro in Mexico. We do not live together, as I live and work in California. Am I liable for this child if she has one? Her family has a doctor and is trying to help her with this. I think it's unfair that they are doing this without my consent. I want to divorce her and she doesn't want to. I don't know where exactly she lives, but she told me about this. I've not brought up the legal aspects of this with her yet. Any suggestions?
Part of the process of receiving help is to help yourself. Until you follow the advice given to you two years ago and seek out a divorce, no one here can help you further.
 

sandyclaus

Senior Member
My wife who is not allowed to be in the U.S.A is trying to conceive without my permission in vitro in Mexico. We do not live together, as I live and work in California. Am I liable for this child if she has one? Her family has a doctor and is trying to help her with this. I think it's unfair that they are doing this without my consent. I want to divorce her and she doesn't want to. I don't know where exactly she lives, but she told me about this. I've not brought up the legal aspects of this with her yet. Any suggestions?
Paternally speaking, you could feasibly challenge paternity if you didn't have access to the woman at the time of the conception. That argument, however, goes right out the window if she is using your DNA to do the IVF procedure. You'd have a difficult time explaining how she managed to collect a sperm sample without your knowledge or consent, especially if she is hundreds or thousands of miles away in Mexico when the collection occurred. That would only bolster her claim, given that the child born during the marriage is already presumed to be biologically yours.

You've allegedly wanted to divorce her for over 2 years now. California courts can handle the process for you, and she doesn't have to agree to the divorce for that to happen. Why not just get that done and over with? Are you afraid of the fallout from hiding all of your income and assets, and fearful that these facts will come to light in a court proceeding, which could result in you getting into huge trouble with the IRS?
 

Proserpina

Senior Member
Paternally speaking, you could feasibly challenge paternity if you didn't have access to the woman at the time of the conception. That argument, however, goes right out the window if she is using your DNA to do the IVF procedure. You'd have a difficult time explaining how she managed to collect a sperm sample without your knowledge or consent, especially if she is hundreds or thousands of miles away in Mexico when the collection occurred. That would only bolster her claim, given that the child born during the marriage is already presumed to be biologically yours.

You've allegedly wanted to divorce her for over 2 years now. California courts can handle the process for you, and she doesn't have to agree to the divorce for that to happen. Why not just get that done and over with? Are you afraid of the fallout from hiding all of your income and assets, and fearful that these facts will come to light in a court proceeding, which could result in you getting into huge trouble with the IRS?


Wally World has a special on turkey basters this time of year...

;)
 

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