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In Jeter v. Mayo, the Court of Appeals of Arizona in 2005 held that a cryopreserved, three-day-old pre-embryo is not a person for purposes of Arizona's wrongful death statutes, and that the Arizona Legislature was best suited to decide whether to expand the law to include cryopreserved pre-embryos. The Court of Appeals affirmed a decision by the Maricopa County Superior Court to dismiss a couple's wrongful death claim after the Mayo Clinic (Mayo) allegedly lost or destroyed several of their cryopreserved pre-embryos.
In Arizona, statutes that protect persons, such as the wrongful death statute, will not be interpreted by the courts to grant personhood status to frozen embryos. The legislature may grant such protection in the statute if it chooses to do so by explicitly defining the word person to include frozen embryos.
This influential opinion by famed jurist Oliver Wendell Holmes, Jr. was copied by courts throughout the United States. For over sixty years, courts refused to recognize a cause of action on behalf of a child who died before or after birth as a result of injuries suffered in the womb because the fetus was considered legally a part of its mother and thus did not possess personhood. This policy changed after the decision in Bonbrest v. Kotz in 1946.
This case was the first of its kind to address questions of personhood in the context of in vitro fertilization of a human embryo. It laid a foundation for future cases to work from: specifically, this case established the importance of prior written agreements for disposition of frozen embryos. This was also the first court decision to borrow the word "pre-embryo" from bioethics to describe the in vitro embryo. This terminology has been copied by many states.
The implication of the court's decision was that Thomas Doolan's identity or personhood existed at the embryo stage in vitro, thus the fact that he was born with cystic fibrosis was not attributable to the decision of the in vitro fertilization providers to implant one embryo instead of another. The other unused embryo may not have carried the cystic fibrosis genes, but that other embryo was not Thomas Doolan. The decision in Doolan has not been publicly tested in other jurisdictions.
In Birth without Violence (1975), French obstetrician Frederick Leboyer describes in poetic form the possible perceptions and feelings of embryos and fetuses before, during, and after birth. His work has helped to promote a gentler and more sensitive birthing method with the goal of easing the newborn's transition from the womb to the outside world. Leboyer's birthing method influenced later birth techniques such as water birth and unassisted childbirth.
The Court settled the question left open from the case of Commonwealth v. Bangs that it must be proved a woman was "quick with child" in order for abortion prohibitions to have any effect in Massachusetts.
The recent development of induced pluripotent stem cells (iPSCs) and related technologies has caught the attention of scientists, activists, politicians, and ethicists alike. IPSCs gained immediate international attention for their apparent similarity to embryonic stem cells after their successful creation in 2006 by Shinya Yamanaka and in 2007 by James Thompson and others.
In Davis v. Davis (1992), the Supreme Court of Tennessee decided a dispute over cryopreserved preembryos in favor of Junior Lewis Davis, who sought to have the preembryos destroyed over the objections of his former wife, Mary Sue Davis. The decision in Davis, although not binding in other states, suggested a framework for resolving similar disputes in the US. That framework established that courts should follow the wishes of those who contribute their sperm and egg cells, or gamete providers, to create preembryos.
To Lynn M. Morgan, the Mary E. Woolley Professor of Anthropology at Mt. Holyoke College, nothing says life more than a dead embryo. In her easily readable book, Icons of Life: A Cultural History of Human Embryos, Morgan brings together cultural phenomena, ethics, and embryology to show that even dead embryos and fetuses have their own stories to tell. As an anthropologist, Morgan is interested in many things, including the science of embryology and its history. But she also wants to know how culture influences our views on embryos and the material practices that accompany their study.
Format: Essays and Theses
"Hybrids and Chimeras: A report on the findings of the consultation" by the Human Fertilisation and Embryology Authority in October, 2007
In 2007, the Human Fertilisation and Embryology Authority in London, UK, published Hybrids and Chimeras: A Report on the Findings of the Consultation, which summarized a public debate about research on, and suggested policy for, human animal chimeras. The HFEA formulated the report after conducting a series of surveys and debates from earlier in 2007. The HFEA issued a statement in September 2007, followed by an official report published on 1 October 2007. Their report on human-animal chimeras set a worldwide precedent for discussions of the ethical use of those embryos in labs.
The Report of the Committee of Inquiry into Human Fertilisation and Embryology (1984), by Mary Warnock and the Committee of Inquiry into Human Fertilisation and Embryology
The Report of the Committee of Inquiry
into Human Fertilisation and Embryology, commonly called the Warnock
Report after the chair of the committee Mary Warnock, is the 1984
publication of a UK governmental inquiry into the social impacts of
infertility treatment and embryological research. The birth of Louise
Brown in 1978 in Oldham, UK, sparked debate about reproductive and
embryological technologies. Brown was conceived through in vitro
fertilization (IVF), a process of fertilization that occurs outside of