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When a couples are together there is no problem with who should gain the custody of embryos but in case of divorcee and when one partner is in need of it and the other partner refusing to give it may be because of break in the relationship and affecting them emotionally. The cases similar to this had precedent like who decides to give life ,nurture and bring a live baby to the earth are the prioritised people to get the embryos which are frozen.
Though this can affect the women Monica very emotionally that she doesn't wish to have a child of her DNA in a broken relationship carried by a stranger (Jessica) with an IVF.This is always acceptable the benefits and the needs of James overweigh the views and thoughts of Monica the court can decide in favour of James to welcome a new life with the help of embryos.Instead of giving the full 10 embryos half can be given to each and can proceed as per their wish and legal rights.
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