WHAT HAPPENS TO EMBRYOS WHEN A MARRIAGE DISSOLVES?

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One of the principal legal issues of ART, at the moment,

regards the disposition of embryos. It is through the debate of constitutional rights versus contract law, the debate over personhood versus property issues, and the use of the denial of the writ of certiorari in the case of Roman v. Roman and whether a couple that uses assisted reproductive technologies should be governed by the laws of contract or by the right to procreate. More specifically, when the couple decides to divorce and cannot agree on the disposition of the embryos that they created through ART, the following questions must be asked: who should have the right to procreate and who should not? Should the couple’s informed consent contract, which was signed before the creation of the embryos, trump the rights of the parties individually after the embryos are already in existence?

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Theresa Erickson, Erickson Law, PC | Attorney Advertising

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