united-states california child-support
Will X be responsible for child support if Y uses the frozen embryo that X and Y conceived to have a child, even if X doesn&#39;t want to have the child?
<p>Assume Alice and Bob created together a frozen embryo, when Alice and Bob were partners and living together (i.e., Bob was not a sperm donor). Sometime later, Alice and Bob separated. In the event Alice wants to use the frozen embryo to have a child, but Bob doesn't want to have a child from this embryo, will Bob be still responsible for child support?</p>
<p>Does this depend on the contract that was signed when conceiving the frozen embryo? If so:</p>
<ol>
<li>Can the contract stipulate that Alice cannot have the child without Bob's consent?</li>
<li>Can the contract stipulate that Bob will no be responsible for child support in the event that Alice have the child without Bob's consent?</li>
</ol>
<p>By &quot;Can the contract stipulate&quot;, I mean that the contract's clauses will be uphold by the court.</p>
<p>Alice and Bob created together the frozen embryo in California, and still live in California.</p>

<p><a href="/questions/tagged/australia" class="post-tag" title="show questions tagged &#39;australia&#39;" rel="tag">australia</a></p>
<h2>No such child is <a href="https://sarahjefford.com/who-owns-an-embryo/" rel="nofollow noreferrer">legally</a> possible</h2>
<p>Australian law requires both partners’ consent at the time of implantation. Under Australian law, it is illegal for the embryo to be implanted in Alice (or anyone else), without both Alice’s and Bob’s consent.</p>

<p>According to <a href="https://www.sandiegoreader.com/news/2015/dec/16/blog-diego-who-owns-embryos/" rel="nofollow noreferrer">this article</a>, it seems that the contract clause 1 would be valid, but 2 would not.</p>
<blockquote>
<p>Further, Dr. Lee’s claims that she would waive child-support were meaningless, as such agreements <strong>cannot be entered into</strong> in California. The judge found that the parties <strong>had to abide by the prior agreement</strong>, meaning that the embryos had to be destroyed as a result of the parties’ divorce.</p>
</blockquote>
<p>(Empahsis mine.)</p>
