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Full-Text Articles in Law
Assisted Reproduction Inequality And Marriage Equality, Seema Mohapatra J.D., Mph
Assisted Reproduction Inequality And Marriage Equality, Seema Mohapatra J.D., Mph
Chicago-Kent Law Review
In Obergefell v. Hodges, Justice Kennedy declared that “marriage is fundamental under the Constitution and [should] apply with equal force to same-sex couples.” This Article examines how the advent of marriage equality may impact the rights of same-sex couples to have biological children via assisted reproduction and surrogacy. Specifically, this Article points out the ways that the Obergefell decision affects the law of infertility. By the law of infertility, I mean the laws that require insurance coverage of infertility treatments and other assisted reproductive technologies (“ART”). Because same-sex couples are not able to have biological children with each other …
Development Of Ectogenesis: How Will Artificial Wombs Affect The Legal Status Of A Fetus Or Embryo?, Jessica H. Schultz
Development Of Ectogenesis: How Will Artificial Wombs Affect The Legal Status Of A Fetus Or Embryo?, Jessica H. Schultz
Chicago-Kent Law Review
Scientists are currently attempting to create an artificula womb which would allow fetal development to occur independent of a woman's womb. This note analyzes legal questions which would emerge with this new technology, including how artificial wombs would affect the interests of the father and the state in the fetus; whether contracts involving artificial wombs would be enforceable; and what type of liability issues would arise due to artificial womb use. Finally, the note proposes answers for these questions and concludes that the development of artificial wombs will likely complicate rather than resolve issues surrounding reproductive rights and the legal …