Okoli v. Okoli

963 N.E.2d 730 (2012)

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Nature of the Case

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Facts

H and Blessing (W) were married in 1991, and separated in November of 2000. They had unsuccessfully attempted to have children since 1992 through a variety of means. When they separated, they were on a waiting list for donor eggs to pair with donor sperm for another attempt at IVF. Around November 2001, donor eggs became available, and W sought H's consent for Boston IVF, Inc., a fertility clinic, to begin the IVF process. The parties signed a written agreement on December 20, 2001 (2001 agreement), providing in relevant part: H hereby gives his consent for W's fertility treatment, embryo freezing, and disposition of eggs, sperm, and embryo. “That H will recognize any offspring from this exercise as previously and mutually agreed to by both parties. That since the financial assets of the family [have] been shared, H does not have any financial obligations with regards to the above exercise and its result. That W will not at any time ask or sue for any other financial obligation regarding the above exercise and its results.' W took H to court for support. The judge found that H consented to W's IVF procedure conditioned on these terms. The judge also found that H agreed to execute the 2001 agreement in exchange for w's continued support of his citizenship application. W used H's citizenship application as a lever to get what she wanted from him. She consistently threatened him that if he refused to do what she wanted, she would withdraw her support of his application. Support was awarded and H appealed. H argues that he consented to W's IVF procedure subject to the terms of the 2001 agreement, and such conditional consent could not meet the consent standard of G. L. c. 46, § 4B. H argues that his consent was voidable because it was given under duress. H argues that his signature on the final consent form was forged.