Legal

Kass v. Kass [Brief] (1998)

By Brock Heathcotte

In a case of first impression in the state of New York, the highest state court decided that a priori written agreement between progenitors of frozen embryos regarding the disposition of their "pre-zygotes" in the event of divorce is binding. By copying the general result arrived at by the Tennessee Supreme Court in Davis v. Davis in 1992, the New York court magnified the weight of authority in favor of upholding prior written agreements for in vitro fertilization practices.

Created 2008-04-29

Last modified 3 years 11 months ago

Format: Articles

York v. Jones [Brief] (1989)

By Brock Heathcotte

The court treated frozen embryos possessed by an in vitro fertilization clinic as property owned by the parents and held under a bailment contract by the clinic. As such, the contract between the parties controlled disposition of the embryos but when the contract ended, control of the embryos reverted back to the parents. This decision had little effect on subsequent embryo cases because the circumstances were so unusual. Neither party contended the embryos had any rights.

Created 2008-05-09

Last modified 3 years 11 months ago

Format: Articles

Summerfield v. Superior Court [Brief] (1985)

By Brock Heathcotte

Arizona joined the majority of states that recognized wrongful death claims on behalf of a viable fetus, regardless of whether the child was born alive or died in the womb by expanding the definition of "person" to include a viable fetus.

Created 2008-05-09

Last modified 3 years 11 months ago

Format: Articles

A.Z. v. B.Z. [Brief] (2000)

By Brock Heathcotte

The Massachusetts Supreme Court in a case of first impression decided that a prior written agreement between a husband and wife regarding the disposition of frozen embryos in the event of a divorce was unenforceable. This was the first case to reject the presumption that written agreements to conduct in vitro fertilization practices were binding. The court would not force the husband to become a parent merely because he signed a consent form that would have awarded the frozen embryos to his wife in the event of marital separation.

Created 2008-05-09

Last modified 3 years 11 months ago

Format: Articles

Paretta v. Medical Offices for Human Reproduction [Brief] (2003)

By Brock Heathcotte

The court decided a child of in vitro fertilization born with cystic fibrosis does not have the right to sue for wrongful life even in the presence of demonstrable acts of medical negligence because to allow such a case would grant the IVF child rights not possessed by naturally born children. The decision in Paretta has not been publicly tested in other jurisdictions.

Created 2008-05-09

Last modified 3 years 11 months ago

Format: Articles

Status and Value Term Descriptions

By Brock Heathcotte

Descriptions of terms utilized in law articles. Terms like probable, questionable, and doubtful are defined and values of case precedents are explained.

Created 2008-05-09

Last modified 3 years 12 months ago

Format: Articles

Doolan v. IVF America [Brief] (2000)

By Brock Heathcotte

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.

Created 2008-05-09

Last modified 3 years 11 months ago

Format: Articles

Jeter v. Mayo Clinic Arizona [Brief] (2005)

By Brock Heathcotte

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.

Created 2008-05-09

Last modified 3 years 11 months ago

Format: Articles

Dietrich v. Inhabitants of Northampton [Brief] (1884)

By Brock Heathcotte

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.

Created 2008-05-09

Last modified 3 years 11 months ago

Format: Articles

J.B. v. M.B. [Brief] (2001)

By Brock Heathcotte

In a dispute over frozen embryos during a divorce case, the court decided the wife's fundamental right to not procreate mandated destruction of the pre-embryos in light of the husband's continuing ability to procreate with a different partner. The court also said embryo disposition agreements used by in vitro fertilization clinics were generally enforceable subject to either spouse's right to change his or her mind prior to use of the pre-embryos.

Created 2008-05-09

Last modified 3 years 11 months ago

Format: Articles

Bonbrest v. Kotz [Brief] (1946)

By Brock Heathcotte

This influential opinion was copied throughout the United States allowing civil actions and wrongful death claims on behalf of children who suffered injuries while a viable fetus. The case essentially overruled the opinion by Justice Oliver Wendell Holmes, Jr. in Dietrich v. Inhabitants of Northampton (1884). However, the ability to sue was usually limited in two ways: the fetus had to be viable, and a child had to be born alive to have a claim. These two restrictions have recently been removed in many jurisdictions.

Created 2008-05-09

Last modified 3 years 11 months ago

Format: Articles

Litowitz v. Litowitz [Brief] (2002)

By Brock Heathcotte

Pursuant to an express provision of the embryo disposition contract they both signed, a husband and wife had to petition the court for instructions because they could not reach an agreement about what to do with frozen embryos when they divorced. The trial court awarded the pre-embryos to the husband and the Court of Appeals affirmed this decision. However, the Washington Supreme Court ruled that the pre-embryos should be thawed out and allowed to expire because the dispute had not been resolved within a five year time frame prescribed by the Cryopreservation Agreement.

Created 2008-05-09

Last modified 3 years 11 months ago

Format: Articles

Davis v. Davis [Brief] (1992)

By Brock Heathcotte

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.

Created 2008-05-09

Last modified 3 years 11 months ago

Format: Articles

Griswold v. Connecticut (1965)

By Sheraden Seward

The landmark Supreme Court case, Griswold v. Connecticut (1965), gave women more control over their reproductive rights while also bringing reproductive and birth control issues into the public realm and more importantly, into the courts. Bringing these issues into the public eye allowed additional questions about the reproductive rights of women, such as access to abortion, to be asked. This court case laid the groundwork for later cases such as Eisenstadt v. Baird (1972) and Roe v. Wade (1973).

Created 2008-09-02

Last modified 3 years 8 months ago

Format: Articles

Roe v. Wade (1973)

By Sheraden Seward

The controversial court case Roe v. Wade (1973) revolutionized the way women and the United States viewed reproductive freedom. The outcome of this case gave American women an equal right to privacy as well as autonomy over their pregnancies. Not only were birth control issues brought to the forefront of public debate, but women came closer to gaining control over their reproductive rights.

Created 2008-09-03

Last modified 3 years 7 months ago

Format: Articles

Eisenstadt v. Baird (1972)

By Sheraden Seward

Prior to 1971, women had some difficulty obtaining contraceptive materials due to a law prohibiting the distribution of contraceptives by anyone other than a registered physician or registered pharmacist. This limited access to contraceptives had an impact on women's reproductive rights and it was the Supreme Court case Eisenstadt v. Baird (1972) that helped bring the issue into the public spotlight. It demonstrated that women's bodies have reproductive as well as anatomical functions, and that the right to privacy extends to those reproductive functions.

Created 2008-12-03

Last modified 3 years 8 months ago

Format: Articles

Planned Parenthood v. Casey (1992)

By Sheraden Seward

Almost ten years after the landmark decision in Roe v. Wade (1973) the battle over abortion was still being waged. The reproductive rights of women in the United States were being challenged yet again by the Pennsylvania Abortion Control Act of 1982. The act was comprised of four provisions that restricted the fundamental right a woman had to obtaining an abortion, as established in Roe v. Wade. The four provisions included spousal notification, information disclosure, a twenty-four hour waiting period, and parental consent for minors.

Created 2009-01-13

Last modified 3 years 7 months ago

Format: Articles

The Comstock Law (1873)

By Sheraden Seward

The Comstock Law was a controversial law because it limited the reproductive rights of women and violated every person's right to privacy. This federal law was the beginning of a long fight over the reproductive rights of women which is still being waged. Reproductive rights are important to embryology because they lead to the discussions regarding the morality of abortion, contraceptives, and ultimately the moral status of the embryo.

Created 2009-01-13

Last modified 3 years 12 months ago

Format: Articles

45 CFR 46: Protection of Human Subjects under United States Law (1974)

By Megan Kearl

In the United States, the Code of Federal Regulations Title 45: Public Welfare, part 46 (45 CFR 46) provides protection for human subjects in research carried out or supported by most federal departments and agencies. 45 CFR 46 created a common federal policy for the protection of such human subjects that was accepted by the Office of Science and Technology Policy and issued by each of the departments and agencies listed in the document.

Created 2010-06-17

Last modified 2 years 5 months ago

Format: Articles

Barack Obama Executive Order 13505, November 2008

By Aroob Khokhar

On 20 November 2009 Democrat Barack Obama replaced Republican George W. Bush as president of the United States. Obama soon initiated changes to Bush's 2001 executive order concerning scientific research involving human stem cells. Stem cell research remains a controversial issue in the US. Some individuals consider it immoral to experiment with an embryo because they regard embryos as human beings from the moment of conception, while others believe stem cell research could lead to great scientific advancements.

Created 2010-06-17

Last modified 3 years 12 months ago

Format: Articles

George W. Bush Executive Order 13455, June 2007

By Aroob Khokhar

On 20 January 2001, Republican George W. Bush was sworn in as the forty-third president of the United States, replacing Democrat William J. Clinton. During his eight years in office, Bush issued many executive orders, often altering previous policy. By signing Order 13435 on 22 June 2007, he changed how stem cell research would be performed in America.

Created 2010-07-01

Last modified 3 years 12 months ago

Format: Articles

Dickey-Wicker Amendment, 1996

By Megan Kearl

The Dickey-Wicker Amendment is an amendment attached to the appropriations bills for the Departments of Health and Human Services, Labor, and Education each year since 1996 restricting the use of federal funds for creating, destroying, or knowingly injuring human embryos. The Dickey-Wicker Amendment began as a rider (another name for an amendment) attached to House Resolution (H.R.) 2880. H.R.

Created 2010-08-27

Last modified 2 years 5 months ago

Format: Articles

Commonwealth v. Luceba Parker [Brief] (1845)

By Brock Heathcotte

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.

Created 2010-09-12

Last modified 3 years 11 months ago

Format: Articles

Evans v. People of the State of New York [Brief] (1872)

By Brock Heathcotte

Attempts by the New York legislature to make abortion a crime regardless of the stage of gestation were permanently frustrated because the court decided that manslaughter cannot occur until the law recognizes a living being in gestation and that only happens after quickening.

Created 2010-09-12

Last modified 3 years 11 months ago

Format: Articles

Nightlight Christian Adoptions, et al. v. Thompson, et al. (2001)

By Megan Kearl

Nightlight Christian Adoptions et al. v. Thompson et al. was a lawsuit filed in the United States District Court for the District of Columbia on 8 March 2001. The suit was filed because Nightlight Christian Adoptions, a frozen embryo adoption agency, felt that the Guidelines for Research Using Human Pluripotent Stem Cells published by the National Institutes for Health were unlawful and violated the restrictions on human embryo research put into place by the Dickey-Wicker Amendment. Additional plaintiffs with this suit were the Christian Medical Association, adult stem cell researcher Dr.

Created 2010-09-28

Last modified 2 years 5 months ago

Format: Articles

Thomson, et al. v. Thompson, et al. (2001)

By Megan Kearl

Thomson, et al. v. Thompson, et al. was a lawsuit filed in the United States District Court for the District of Columbia on 8 May 2001 as Civil Action Number 01-CV-0973. This lawsuit was filed in hopes of gaining injunctive relief against a moratorium on the federal funding of stem cell research. The plaintiffs in the case were seven prominent scientists who performed embryonic stem cell research and three patients: James Thomson, Roger Pedersen, John Gearhart, Douglas Melton, Dan Kaufman, Alan Trounson, Martin Pera, Christopher Reeve, James Cordy, and James Tyree.

Created 2010-09-29

Last modified 3 years 12 months ago

Format: Articles

President George W. Bush's Announcement on Stem Cells, 9 August 2001

By Samuel Philbrick

On 9 August 2001, US President George W. Bush gave an eleven-minute speech from his ranch in Crawford, Texas, on the ethics and fate of federal funding for stem cell research. Bush also announced the creation of a special council to oversee stem cell research. In the speech President Bush acknowledged the importance of issues surrounding stem cell research to many Americans, presented different arguments in favor of and opposing embryonic stem cell research, and explained his decision to limit but not completely eliminate potential federal funding for embryonic stem cell (ESC) research.

Created 2010-11-19

Last modified 3 years 12 months ago

Format: Articles

"Limitations in Abortion Legislation: A Comparative Study" (2007), by Orli Lotan

By Inbar Maayan

Written by Orli Lotan on behalf of the Knesset (Israeli Parliament) Center for Research and Information, "Limitations in Abortion Legislation: A Comparative Study" (hereafter abbreviated "Legislation") examines abortion legislation in Israel, the US, Canada, and a number of European countries. The study also acknowledges the medical, moral, ethical, and religious implications of abortion and the impact of such legislation on society in each country.

Created 2010-11-20

Last modified 2 years 5 months ago

Format: Articles

Smith v. Cote (1986)

By Nathalie Antonios

The case of Smith v. Cote (1986) answered two important questions concerning law and childbirth: does the State of New Hampshire recognize a cause of action for what is defined as wrongful birth, and does the State recognize a cause of action for what is classified as wrongful life? In the case of Smith v. Cote, damages were permitted for wrongful birth, but not for the action of wrongful life.

Created 2011-03-24

Last modified 3 years 7 months ago

Format: Articles

China's One-Child Policy

By Lijing Jiang

In September 1979, China's Fifth National People's Congress passed a policy that encouraged one-child families. Following this decision from the Chinese Communist Party (CCP), campaigns were initiated to implement the One-Child Policy nationwide. This initiative constituted the most massive governmental attempt to control human fertility and reproduction in human history. These campaigns prioritized reproductive technologies for contraception, abortion, and sterilization in gynecological and obstetric medicine, while downplaying technologies related to fertility treatment.

Created 2011-03-31

Last modified 3 years 12 months ago

Format: Articles

Sterilization Act of 1924

By Nathalie Antonios

The passage of the Virginia Sterilization Act of 1924 demonstrates how science has been used to drive policy throughout history. In the case of the Virginia sterilization law, the science used to draft the law was based on the principles of eugenics. With the help of Harry Laughlin's Model Sterilization Law, the state of Virginia was able to pass its own law allowing sterilization of the feebleminded, expressing sterilization as a health issue that needed to be protected from the public.

Created 2011-04-14

Last modified 3 years 12 months ago

Format: Articles

Weber v. Stony Brook Hospital (1983)

By Jack Resnik

The New York Court of Appeals' 1983 case Weber v. Stony Brook set an important precedent upholding the right of parents to make medical decisions for newborns born with severe congenital defects. A pro-life New York attorney, Lawrence Washburn, attempted to legally intervene in the case of Baby Jane Doe, an infant born with disorders. When the infant's parents chose palliative care over intensive corrective surgery, Washburn made repeated attempts to have the New York courts force through the surgery.

Created 2011-04-25

Last modified 3 years 7 months ago

Format: Articles

United States v. University Hospital (1984)

By Jack Resnik

The US 2nd Circuit Court of Appeals' 1984 decision United States v. University Hospital, State University Hospital of New York at Stony Brook set a significant precedent for affirming parental privilege to make medical decisions for handicapped newborns, while limiting the ability of the federal government to intervene. The ruling stemmed from the 1983 case involving an infant born with severe physical and mental congenital defects; the infant was only identified as Baby Jane Doe.

Created 2011-05-11

Last modified 3 years 7 months ago

Format: Articles

The Baby Doe Rules (1984)

By Jack Resnik

The Baby Doe Rules represent the first attempt by the US government to directly intervene in treatment options for neonates born with congenital defects. The name of the rule comes from the controversial 1982 case of a Bloomington, Indiana infant Baby Doe, a name coined by the media. The Baby Doe Rules mandate that, as a requirement for federal funding, hospitals and physicians must provide maximal care to any impaired infant, unless select exceptions are met. If a physician or parent chooses to withhold full treatment when the exceptions are not met, they are liable for medical neglect.

Created 2011-05-12

Last modified 2 years 4 months ago

Format: Articles

Berman v. Allan (1979)

By Mark Zhang

The Supreme Court of New Jersey decided the case of Berman v. Allan on 26 June 1979, brought by Shirley Berman and Paul Berman and their daughter Sharon Esther Berman against Ronald Allan and Michael Vincent Attardi, Shirley's physicians. The court dismissed the Bermans' claims for what they termed wrongful life of their daughter, but allowed them to claim compensation as a result of what was termed wrongful birth.

Created 2011-09-29

Last modified 3 years 7 months ago

Format: Articles

Park v. Chessin (1977)

By Mark Zhang

The New York Appellate Court ruled on 11 December 1977 in favor of Steven and Hetty Park and against Herbert Chessin for the wrongful life of the Parks' child. In a wrongful life case, a disabled or sometimes deceased child brings suit against a physician for failing to inform its parents of possible genetic defects, thereby causing harm to the child when born. Park v. Chessin was the first case to rule that medical personnel could be legally responsible for wrongful life. Further cases such as the 1979 case Berman v. Allan and the 1982 case Turpin v.

Created 2012-01-01

Last modified 3 years 7 months ago

Format: Articles

Buck v. Bell (1927)

By Nathalie Antonios, Christina Raup

In 1927, the US Supreme Court case Buck v. Bell set the legal precedent that states may sterilize inmates of public institutions because the court argued that imbecility, epilepsy, and feeblemindedness are hereditary, and that the inmates should be prevented from passing these defects to the next generation. On 2 May 1927, in an eight to one decision, the US Supreme Court ordered that Carrie Buck, feebleminded daughter of a feebleminded mother and herself the mother of a feebleminded child, be sterilized under the 1924 Virginia Eugenical Sterilization Act. Buck v.

Created 2012-01-01

Last modified 2 years 6 months ago

Format: Articles

Turpin v. Sortini (1982)

By Mark Zhang

The Supreme Court of California reversed the Superior Court of Fresno County's decision to dismiss the Turpins' claims in the case Turpin v. Sortini on 3 May 1982. The case was based upon a wrongful life claim, in which a disabled child sues physicians for neglecting to inform its parents of potential genetic defects, resulting in harm to the child when it is born. The Turpin case determined tha a physician could be liable for failing to inform parents of potential birth defects in the fetus.

Created 2012-01-01

Last modified 3 years 12 months ago

Format: Articles

Bowen v. American Hospital Association (1986)

By Jack Resnik

The 1986 US Supreme Court decision Bowen v. American Hospital Association rejected the federal government's use of Section 504 of the Rehabilitation Act of 1973 to intervene in a hospital's treatment for neonates born with severe congenital defects. This case set a precedent for the role of government involvement in cases where parents refused consent for care of disabled newborns.

Created 2012-01-01

Last modified 3 years 8 months ago

Format: Articles

Gonzales v. Carhart (2007)

By Mark Zhang

In Gonzales v. Carhart (2007), the US Supreme Court held in a five-to-four decision that the 2003 Partial-Birth Abortion Ban Act passed by the US Congress was constitutional. Although the Court previously ruled in Stenberg v. Carhart (2000) that a Nebraska law that prohibited partial-birth abortions was unconstitutional, Gonzales reversed this decision. Gonzales created the precedent that anyone who delivers and kills a living fetus could be subject to legal consequences, unless he or she performed the procedure to save the life of the mother.

Created 2012-02-28

Last modified 6 months 3 weeks ago

Format: Articles

South Korea's Bioethics and Biosafety Act (2005)

By Anne Safiya Clay

The South Korean government passed the Bioethics and Biosafety Act, known henceforth as the Bioethics Act, in 2003 and it took effect in 2005. South Korea's Ministry of Health and Welfare proposed the law to the South Korean National Assembly to allow the progress of biotechnology and life sciences research in South Korea while protecting human research subjects with practices such as informed consent. The Bioethics Act establishes a National Bioethics Committee in Seoul, South Korea.

Created 2013-03-15

Last modified 2 years 6 months ago

Format: Articles

Uniform Anatomical Gift Act (1968)

By Britta Martinez

The Uniform Anatomical Gift Act (UAGA or the Act) was passed in the US in 1968 and has since been revised in 1987 and in 2006. The Act sets a regulatory framework for the donation of organs, tissues, and other human body parts in the US. The UAGA helps regulate body donations to science, medicine, and education. The Act has been consulted in discussions about abortion , fetal tissue transplants , and Body Worlds , an anatomy exhibition.

Created 2013-08-05

Last modified 2 years 7 months ago

Format: Articles

Golden Rice

By Marci Baranski

Golden Rice was engineered from normal rice by Ingo Potrykus and Peter Beyer in the 1990s to help improve human health. Golden Rice has an engineered multi-gene biochemical pathway in its genome. This pathway produces beta-carotene, a molecule that becomes vitamin A when metabolized by humans. Ingo Potrykus worked at the Swiss Federal Institute of Technology in Zurich, Switzerland, and Peter Beyer worked at University of Freiburg, in Freiburg, Germany. The US Rockefeller Foundation supported their collaboration.

Created 2013-09-17

Last modified 2 years 7 months ago

Format: Articles

York v. Jones (1989)

By Jennifer E. Chapman

In the case York v. Jones (1989), the United States District Court for the Eastern District of Virginia was one of the first US courts to address a dispute over a cryopreserved preembryo. Steven York and Risa Adler-York (the Yorks), a married couple, provided their gametes to doctors who created the preembryo, which the court referred to as a pre-zygote, as part of an in vitro fertilization (IVF) program at the Howard and Georgeanna Jones Institute for Reproductive Medicine (Jones Institute) in Norfolk, Virginia.

Created 2013-10-07

Last modified 2 years 7 months ago

Format: Articles

International Treaty on Plant Genetic Resources for Food and Agriculture (2001)

By Marci Baranski

The International Treaty on Plant Genetic Resources for Food and Agriculture, referred to as the Plant Treaty, was approved on 3 November 2001 by Members of the Food and Agriculture Organization (FAO), headquartered in Rome, Italy. The FAO is an agency of the United Nations, headquartered in New York City, New York. The Plant Treaty established international standards for the conservation and exchange of plant genetic material between participating countries.

Created 2013-10-07

Last modified 2 years 7 months ago

Davis v. Davis (1992)

By Jennifer E. Chapman, Mark Zhang

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.

Created 2013-10-17

Last modified 2 years 7 months ago

Format: Articles

A. Z. v. B. Z. (2000)

By Jennifer E. Chapman

In A.Z. v. B.Z. (2000), the Supreme Judicial Court of Massachusetts in Boston, Massachusetts, affirmed a lower courtÕs decision, ruling that contracts that require a party to become a parent against his or her will are unenforceable and contrary to public policy. The case centered around A.Z. and B.Z., a divorced couple who had previously used in vitro fertilization (IVF) to start a family together during their marriage and had several preembryos cryopreserved as part of the process.

Created 2013-11-01

Last modified 2 years 7 months ago

Format: Articles

Kass v. Kass (1998)

By Jennifer E. Chapman, Mark Zhang

In Maureen Kass v. Steven Kass (1998), the Court of Appeals of New York in Albany, New York, ruled that the state should generally consider IVF consent forms signed by participants in an in vitro fertilization (IVF) program valid, binding, and enforceable in the event of a dispute. The court indicated that decisions regarding the handling of cryopreserved pre-zygotes, often called preembryos, contained within these consent forms should be upheld.

Created 2013-11-01

Last modified 2 years 7 months ago

Format: Articles

J. B. v. M. B. (2001)

By Jennifer E. Chapman

In 2001, the Supreme Court of New Jersey decided a dispute between a divorced couple over cryopreserved preembryos created through in vitro fertilization (IVF) during the coupleÕs marriage. The former wife (J.B.) wanted the preembryos destroyed, while her former husband (M.B.) wanted them to be used for future implantation attempts, such as by an infertile couple. In J.B. v. M.B. (2001), the court declined to force J.B. to become a parent against her will, concluding that doing so would violate state public policy.

Created 2013-11-17

Last modified 2 years 7 months ago

Format: Articles

Ferguson v. City of Charleston (2001)

By Chanapa Tantibanchachai

The US Supreme Court case Ferguson v. City of Charleston (2001) established that public hospitals couldn't legally drug test pregnant women without their consent when those women sought prenatal care at those hospitals. The court held that such searches violated the pregnant women's protections under the Fourth Amendment to the US Constitution. The decisions also indicated those circumstances that qualified as special needs exceptions to the Fourth Amendment, and it highlighted the extent to which pregnant women are sovereign individuals in the eyes of the Court. Ferguson v.

Created 2013-11-26

Last modified 2 years 8 months ago

Format: Articles

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