SARA BOHN V MICHAEL RUSSEL MOBLEY

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STATE OF MICHIGAN COURT OF APPEALS SARA BOHN, f/k/a SARA MOBLEY, UNPUBLISHED December 17, 1999 Plaintiff-Appellant, v No. 213550 Livingston Circuit Court LC No. 97-16310 CK ANN ARBOR REPRODUCTIVE MEDICINE ASSOCIATES, P.C., a Michigan corporation, E.P. PETERSON, M.D., JONATHAN W. T. AYERS, M.D., and F. NICHOLAS SHAMMA, M.D., Jointly and Severally, Defendants-Appellees, and TOLEDO FERTILITY CENTER, P.C., Defendant-Not Participating, and MICHAEL MOBLEY, Intervening-Appellee. SARA BOHN, f/k/a SARA MOBLEY, Plaintiff-Appellant, v No. 213551 Livingston Circuit Court LC No. 97-026334 DC MICHAEL RUSSELL MOBLEY, Defendant-Appellee. -1 Before: Smolenski, P.J., and Gribbs and O’Connell, JJ. O’CONNELL, J. (concurring). I concur in the result only. I believe the disposition of frozen zygotes involves significant questions of human life and procreation that need resolution, especially in light of Michigan’s public policy favoring the protection of unborn life. See Taylor v Kurapati, 236 Mich App 315, 347; 600 NW2d 670 (1999). However, given the factual and procedural irregularities of this case, as well as the apparent situation of the parties, I do not believe that this case is a proper vehicle for addressing those questions. The disposition of the zygotes was not addressed in the divorce action, and plaintiff only pleaded a custody claim and various contract-related claims. Moreover, a felony kidnapping warrant has been issued for plaintiff’s arrest resulting from her disappearance with the parties’ son. Under the circumstances of this case, the weightier questions involved in reproductive technology must await another day for resolution. /s/ Peter D. O’Connell -2

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