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Whose Embryo Is It Anyway?: The Need for a Federal Statute Enforcing Frozen Embryo Disposition Contracts
Author(s) -
Faver Alexandra
Publication year - 2017
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/fcre.12309
Subject(s) - disposition , statute , constitution , law , business , embryo cryopreservation , order (exchange) , action (physics) , supreme court , law and economics , political science , economics , in vitro fertilisation , psychology , embryo , finance , social psychology , physics , quantum mechanics , biology , microbiology and biotechnology
Affording a couple the right to decide what should become of their frozen embryos in the event they divorce is of the utmost importance. The right to procreate, as well as not to procreate, has been observed as a constitutionally protected right under the Fourteenth Amendment of the U.S. Constitution. The interference by the judiciary in overriding, superseding, or simply ignoring disposition contracts is severely problematic. The parties have theoretically decided the best course of action by addressing potential future complications in disposition contracts. Not enforcing disposition contracts creates a lack of trust between the in vitro fertilization (IVF) facility and the parties and between the parties themselves. Knowing the contract they are signing may be thrown out if one party changes their mind, severely undermines contractual authority in assisted reproductive technology. This Note proposes multiple psychological, legal, and medical safeguards to be implemented by IVF facilities in order to ensure the parties enter into a valid and enforceable contract.