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
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References
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
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
Moral Challenges
Noonan AM (2007) The uncertainty of embryo disposition law: how alterations to roe could change everything. Suffolk UL Rev 40:485–1049
La. Stat. Ann. § 125
La. Stat. Ann. §§ 121-133
N.M. Stat. § 24-9A-3. 2008
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
Davis v. Davis 1992, Supreme Court of Tennesee
York v. Jones. 1989
Moore KA (2007) Embryo adoption: the legal and moral challenges. U St Thomas JL & Pub Pol’y 1:100
Jeter v. Mayo Clinic Arizona. 2005, Arizona Court of Appeals
A.Z. v. B.Z 2000, Supreme Court of Massachusetts
Kindregan CP Jr, McBrien M (2004) Embryo donation: unresolved legal issues in the transfer of surplus cryopreserved embryos. Villanova Law Rev 49:169
Kass v. Kass. 1998, New York State Court of Appeals
Facts about Embryos. Available from: http://www.miracleswaiting.org/factsembryos.html.
J.B. v. M. B. 2000, Superior Court of New Jersey Appellate Division
672 N.W.2d at 782
In re Marriage of Witten, 672 N.W.2d 768, 788. 2003
Burns v. Astrue. 2009, Utah District Court
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
760 N.E.2d 257 Mass 2002
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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
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