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Kass V. Kass, Blazing Legal Trails In The Field Of Human Reproductive Technology, Kelly Summers
Kass V. Kass, Blazing Legal Trails In The Field Of Human Reproductive Technology, Kelly Summers
Cleveland State Law Review
The decision in Kass illustrates a situation where well-founded common law contract principles were applied to a novel reproductive issue in order to respond to rapidly evolving technological progress. However, this legal dilemma presents a variable that warrants special attention. The parties involved in the case at hand struggled for control of a possible human life; Mrs. Kass hoped to preserve the pre-zygotes for future implantation attempts, and Mr. Kass sought to avoid the tribulations associated with compulsory parenthood. This Comment will evaluate the decisions rendered by both the Supreme Court of New York and the New York Court of …
Frozen Embryos: What Are They And How Should The Law Treat Them, Michelle F. Sublett
Frozen Embryos: What Are They And How Should The Law Treat Them, Michelle F. Sublett
Cleveland State Law Review
This note is concerned with the question currently facing the courts: once an embryo is frozen, what should become of it in a dispute over what should happen to it, and who has the right to make that decision? In addressing this question, this note will first establish the process through which frozen embryos are created, and the resulting dilemma of definitional problems among the medical and legal professions. Next the article will survey the current state of the law to discover how prenatal beings have been treated traditionally, how this should affect frozen embryo disposition, and how trends are …