Skip to main content

The Legal Issue and of Assisted Reproductive Technologies

  • Chapter
  • First Online:
Reproductive Health and Cancer in Adolescents and Young Adults

Part of the book series: Advances in Experimental Medicine and Biology ((AEMB,volume 732))

  • 1331 Accesses

Abstract

Generations ago families experiencing infertility were without options, other than adoption. Today, couples facing infertility have an array of choices regarding ways to build a family. Artificial reproductive technologies (ART) and other associated therapies are often able to help parents realize the dream of having a biological child or experiencing pregnancy (Moore, U St Thomas JL & Pub Pol’y 1:100, 2007). While these ART advancements have helped a great number of men and women, this technology also has its drawbacks. One problem we are faced with today due to ART is how to dispose of the cryopreserved embryos left over from in vitro fertilization (IVF) procedures.

Three years ago I had breast cancer. Faced with this news and knowing my husband and I wanted children I decided to go through IVF and freeze my embryos. Fortunately, I recovered from breast cancer and I now have two beautiful children. The problem is that I have five frozen embryos left over from my IVF treatment. My husband wishes to donate the extra embryos to research. However, I am deeply torn by this decision as I feel this would be murdering my unborn children. I believe the better decision is to donate their remaining five embryos to another couple. My husband, however, does not like the idea of having children genetically related to him raised by someone else. Sadly, this issue among others, has torn our family apart and my husband and I are now divorced. I filed a lawsuit to determine who gets the embryos but litigation has been slow. Even more tragic, during this process my husband was suddenly killed in a car accident. I have since implanted the frozen embryos and have a healthy beautiful boy, Aiden. Because of my husband’s tragic death and other financial hardships I am struggling to get by as a single mom. I filed for social security benefits for my children including Aiden. The government however, is now saying that Aiden is not entitled to social security since he was conceived after his father’s death. I wish I had known of the legal repercussions of IVF and freezing my embryos. While I have three beautiful children life is hard and I feel much of my hardship could have been avoided if I had been aware of the law in my state.

- Stacy, Adult Cancer Survivor

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Chapter
USD 29.95
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
eBook
USD 129.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book
USD 169.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book
USD 169.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Institutional subscriptions

References

  1. Baiman AM (2009) Cryopreserved embryos as America’s prospective adoptees: are couples truly “adopting” or merely transferring property rights? Wm & Mary J Women & L 16:133–205

    Google Scholar 

  2. Falker EES, Elizabeth E (2009) The disposition of cryopreserved embryos: why embryo adoption is an inapposite model for application to third-party assisted reproduction. Wm Mitchell L Rev 35:489, 493

    Google Scholar 

  3. Moral Challenges

    Google Scholar 

  4. Noonan AM (2007) The uncertainty of embryo disposition law: how alterations to roe could change everything. Suffolk UL Rev 40:485–1049

    Google Scholar 

  5. La. Stat. Ann. § 125

    Google Scholar 

  6. La. Stat. Ann. §§ 121-133

    Google Scholar 

  7. N.M. Stat. § 24-9A-3. 2008

    Google Scholar 

  8. Lambert JL (2008) Developing a legal framework for resolving disputes between “adoptive parents” of frozen embryos: a comparison to resolutions of divorce disputes between progenitors. BCL Rev 49:529–1431

    Google Scholar 

  9. Davis v. Davis 1992, Supreme Court of Tennesee

    Google Scholar 

  10. York v. Jones. 1989

    Google Scholar 

  11. Moore KA (2007) Embryo adoption: the legal and moral challenges. U St Thomas JL & Pub Pol’y 1:100

    Google Scholar 

  12. Jeter v. Mayo Clinic Arizona. 2005, Arizona Court of Appeals

    Google Scholar 

  13. A.Z. v. B.Z 2000, Supreme Court of Massachusetts

    Google Scholar 

  14. Kindregan CP Jr, McBrien M (2004) Embryo donation: unresolved legal issues in the transfer of surplus cryopreserved embryos. Villanova Law Rev 49:169

    PubMed  Google Scholar 

  15. Kass v. Kass. 1998, New York State Court of Appeals

    Google Scholar 

  16. Facts about Embryos. Available from: http://www.miracleswaiting.org/factsembryos.html.

  17. J.B. v. M. B. 2000, Superior Court of New Jersey Appellate Division

    Google Scholar 

  18. 672 N.W.2d at 782

    Google Scholar 

  19. In re Marriage of Witten, 672 N.W.2d 768, 788. 2003

    Google Scholar 

  20. Burns v. Astrue. 2009, Utah District Court

    Google Scholar 

  21. Adams B (2010) Should boy born 3 years after dad’s death get social security? The Salt Lake City Tribune. http://www.atheistnexus.org/forum/topics/should-boy-born-3-years-after?xg_source=activity

  22. 760 N.E.2d 257 Mass 2002

    Google Scholar 

Download references

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to Diana Brock Esq .

Editor information

Editors and Affiliations

Rights and permissions

Reprints and permissions

Copyright information

© 2012 Springer Science+Business Media B.V.

About this chapter

Cite this chapter

Brock, D. (2012). The Legal Issue and of Assisted Reproductive Technologies. In: Quinn, G., Vadaparampil, S. (eds) Reproductive Health and Cancer in Adolescents and Young Adults. Advances in Experimental Medicine and Biology, vol 732. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-2492-1_16

Download citation

Publish with us

Policies and ethics