Frozen Embryos and Gamete Providers’ Rights: A Suggested Model for Embryo Disposition

Spring 2005

by Joseph R. Falasco |

“Procreational autonomy is one’s ability to choose when to have a child. Because advances in human reproduction technology allow one to create embryos with donated sperm and egg and freeze them for future use, it is important to analyze the resulting legal implications. This Article proposes a complete disposition model in cases where the egg and sperm donors disagree about the embryo’s ultimate fate. While embryos should be accorded a level of respect as a potential life, referring to an embryo’s legal status as ‘chattel’ is useful because it gives an embryo its deserved respect while bringing clarity to the law. This Article distills the policies alluded to in the scant case law dealing with the disposition of frozen embryos and argues that the right to avoid procreation is the stronger interest when attempting to resolve an embryo disposition dispute.”

Note: The above is an excerpt from the in the American Bar Association’s Jurimetrics Journal ©2005. Click the link below to read the actual publication.