The common legal principles that have been developed by case law to resolve difficult questions of property law within the context of a divorce action are singularly unhelpful in this case. The petitioner clearly owned, prior to the marriage, the egg from which the fetus developed. On the other hand, the respondent impregnated the petitioner with sperm he acquired after the marriage.
[Footnote:] The general understanding is that the female of the human species possesses at birth all the eggs that will ever be available for reproduction. This a very simplified description of the process as only one mature ovum is produced during each menstrual period from an un-matured egg called an oocyte. The male of the species, on the other hand, produces sperm cells each day which mature over a period of about 90 days and, if then not ejaculated, are reabsorbed into the body.