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The Frozen Embryo: Scholarly Theories, Case Law, And State Proposals, Shirley D. Howell

Shirley D. Howell

This article discusses the unintended consequences of in vitro fertilization (IVF). In America there are some 500,000 frozen human embryos in storage, many of which will never be claimed.To further compound the problem of the proliferation of frozen embryos, gamete donors often disagree over whether to implant surplus embryos or destroy them. The article makes concrete proposals regarding appropriate treatment of abandoned frozen embryos. The article also sets out a model for state legislation that will result in certainty for gamete donors whose procreative purposes change after IVF but before implantation.

The Frozen Embryo: Scholarly Theories, Case Law, And State Proposals, Shirley D. Howell

Shirley D. Howell

Executive Summary

Fertility experts have been able to create human embryos outside the body since the 1970’s. Yet today both moral and legal questions persist regarding the use of In Vitro Fertilization (IVF). Seemingly, the use of IVF to assist infertile individuals and couples to procreate would be regarded almost uniformly positively. The procedure, however, has produced serious unintended consequences that continue to trouble theologians, physicians, and the courts. The ongoing legal debate centers on two principal questions: First, whether a frozen embryo should be regarded as a person, property, or something else; and, second, how to resolve disputes between …