Jodi Picoult - Sing You Home

Pastor Clive is missing. Today, of all days, when I could have used his support in the courtroom, the seat he’s always taken directly behind me is conspicuously empty.

I imagine Zoe is feeling the same way. Because it’s 9:05 and court’s in session and her lawyer is MIA.

“I’m here, I’m here,” Angela Moretti shouts, bursting through the double doors. Her blouse is untucked, and she’s wearing sneakers with her suit instead of heels. There is a smudge on her cheek that could be jam or blood. “Kid fed bacon to the minivan CD player,” she explains. “Sorry for the holdup.”

“You may begin anytime, Counselor,” Judge O’Neill says.

Angela sifts through her briefcase. She pulls out a SpongeBob coloring book, a Cooking Light magazine, and a novel before locating her brief. “Your Honor, there’s only one case in this country where a consent form like the one the Baxters signed was actually enforced. In Kass v. Kass, both parties signed forms that stated in the event of divorce, if they were unable to agree on the placement of their embryos, the clinic would dispose of the embryos, and a court upheld that agreement. If the parties were willing to be bound to the agreement back then, the court reasoned, they could enforce it now. However, the rest of the cases in this country regarding embryo donation-and they’re a slim group-rule primarily in favor of the party wishing to avoid procreation. In Davis v. Davis, the mother originally wanted the embryos but then decided to donate them-and that tipped the court in favor of the father, who did not wish to become a parent. The court said that, if there had been a contract, it would be upheld-but if not, you have to balance the rights of the party wishing to be a parent with those of the party that does not. In A.Z. v. B.Z. in Massachusetts, forms filled out gave the wife use of embryos in the case of divorce or separation. However, the ex-husband sought an injunction against allowing her to use them. The court said that the contract that had been filled out was trumped by a person’s choice, post-divorce, to not procreate. Namely, although a contract did exist, the circumstances had changed so drastically from the time of signing it that enforcement wouldn’t be legitimate. Plus, the court said that, as a matter of public policy, it was wrong to enforce an agreement that would compel one of the donors to become a parent against his or her will.”

Angela buttons her suit jacket. “In the case of J.B. v. M.B. in New Jersey, there was a contract stating that, in the event of divorce, embryos would be destroyed. By the time the divorce occurred, the ex-wife wanted them destroyed, but the ex-husband now said that was a violation of his religious beliefs and his right to become a parent. The court did not uphold the contract-not because they felt it was contrary to public policy, as in Massachusetts, but because a person had a right to change his mind up till the point of use or destruction of the embryos. The contract had to be a formal, unambiguous record of the intent of both parties, and since that wasn’t the case, the court said the party wishing not to have children would prevail, since the father could go on to have children in the future.”

She turns to look at Zoe. “The difference between those cases and this case, Your Honor, is that neither party wishes to destroy these embryos. For different reasons, both Zoe and Max want them. Yet, as in those other cases, there is a prevalent theme throughout which is applicable here, Your Honor: when there’s a change of circumstances from the time that the consent form is signed-due to divorce or remarriage or religious beliefs-then a contract is no longer legally binding. Today-when both parties want to give these embryos a chance at life-for you to enforce a contract that is no longer relevant would simply be bad case law.”

There is a racket at the back of the courtroom. I turn and see Pastor Clive barreling down the aisle. His face is nearly as white as his suit. He leans over the gallery railing, between Ben Benjamin and me, as Wade stands up.

“I can sink her,” Pastor Clive whispers.

“I am surely glad you’re sitting, Your Honor, because for once we agree with everything Attorney Moretti said,” Wade begins.

Ben turns in his seat. “Seriously?”

Pastor Clive nods. Ben gets up and walks toward Wade, who’s still speaking. “We are of the opinion, in fact, that it would be preferable to have the embryos go to a lesbian couple than it would be to send them to the incinerator-” He breaks off as Ben leans over and murmurs into his ear. “Your Honor?” Wade asks. “Might we have a recess?”

“What the hell?” Angela Moretti says.

“My co-counsel informs me that some new evidence has come to light, evidence that might affect Your Honor’s decision in this matter.”

The judge looks at him, and then at Angela. “Fifteen minutes,” he pronounces.

The courtroom empties. Wade pulls Angela Moretti aside and speaks quietly with her; a moment later she gathers Zoe and ushers her out of the courtroom. “We couldn’t have asked for a better Hail Mary moment if we’d designed it ourselves,” Wade says, coming back toward me.

“What’s going on?”

“Your ex-wife is about to be charged with sexually harassing a student,” he says. “Or in other words, you can go out and buy a stroller or a bassinet. No judge is going to give a baby to someone who sexually abused a kid. As far as I’m concerned, you just won this case.”

But I keep hearing the first part of his statement. “Zoe would never do that. It can’t be true.”

“Doesn’t matter if it’s true,” Ben says. “It just matters that the judge hears it.”

“But this doesn’t feel right. Zoe could lose her job-”

Wade waves away my concern, batting at my words like they’re mosquitoes. “Max, boy,” he says. “Eyes on the prize.”

“Please tell me you’ve never heard of a girl named Lucy DuBois,” Angela says.

Immediately, I picture Lucy, with her long red hair, her chewed fingernails, the ladder-back scars of her arms. “Is she all right?”

“I don’t know.” Angela’s voice sounds too tight, like a spring. “Is there something you want to tell me?”

Vanessa pulls up a chair and sits down next to me. We are back in the conference room from the other day, but it is raining. The world outside the window looks ripe and lush, the grass so green it hurts to look at it. “She’s a student who suffers from severe depression,” Vanessa explains to Angela, and then she touches my arm. “Didn’t you say she was upset two days ago?”

“She was talking about killing herself. Oh, my God, she didn’t do it, did she?”

Angela shakes her head. “Her parents have accused you of sexual assault, Zoe.”

I blink, certain I haven’t heard correctly. “What?”

“They say you came on to her on two separate occasions.”

“That’s absolutely ridiculous! Our relationship is completely professional!” I turn to Vanessa. “Tell her.”

“She’s a seriously disturbed girl,” Vanessa says. “Surely whatever Lucy’s said would have to be taken with a grain of salt the size of a salt lick.”

“Which is why it’s particularly damaging that someone named Grace Belliveau has apparently signed a statement indicating she saw Zoe and the girl in a compromising position.”

My bones feel like they are floating loose inside me. “Who the hell is Grace Belliveau?”

“She teaches math,” Vanessa says. “I doubt you’ve ever even met her.”

I have a brief and vivid flash of a teacher with short black hair, poking her head into the room at the end of a particularly emotional session with Lucy. My hand on Lucy’s back, rubbing slow circles.