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Evans v. People of the State of New York [Brief] (1872)
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.
Format: Articles
Subject: Legal, Reproduction
York v. Jones [Brief] (1989)
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.
Format: Articles
Subject: Legal, Reproduction
Kass v. Kass [Brief] (1998)
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.
Format: Articles
Subject: Legal, Reproduction
Park v. Chessin (1977)
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.
Format: Articles
Subject: Legal, Reproduction
Weber v. Stony Brook Hospital (1983)
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.
Format: Articles
Subject: Legal, Reproduction
Berman v. Allan (1979)
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.
Format: Articles
Subject: Legal, Reproduction
United States v. University Hospital (1984)
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.
Format: Articles
Subject: Legal, Reproduction
Buck v. Bell (1927)
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.
Format: Articles
Subject: Legal, Reproduction
Women’s Right to Know Act (2019) by Americans United for Life
In 2019, Americans United for Life, hereafter AUL, published a model legislation, called the Women’s Right to Know Act, in their annual publication Defending Life. The goal of the model legislation, which AUL annually updates, is to help state governments enact enhanced informed consent laws for abortion. The Women’s Right to Know Act requires physicians to provide specific information to women before they may consent to having an abortion.
Format: Articles
Subject: Legal, Publications, Reproduction
Nightlight Christian Adoptions, et al. v. Thompson, et al. (2001)
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.
Format: Articles
Subject: Legal, Reproduction
Uniform Anatomical Gift Act (1968)
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.
Format: Articles
Subject: Legal, Outreach, Reproduction
The Baby Doe Rules (1984)
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.
Format: Articles
Subject: Legal, Reproduction
Paretta v. Medical Offices for Human Reproduction [Brief] (2003)
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.
Format: Articles
Subject: Legal, Reproduction
Social Implications of Non-Invasive Blood Tests to Determine the Sex of Fetuses
By 2011, researchers in the US had established that non-invasive blood tests can accurately determine the gender of a human fetus as early as seven weeks after fertilization. Experts predicted that this ability may encourage the use of prenatal sex screening tests by women interested to know the gender of their fetuses. As more people begin to use non-invasive blood tests that accurately determine the sex of the fetus at 7 weeks, many ethical questions pertaining to regulation, the consequences of gender-imbalanced societies, and altered meanings of the parent-child relationship.
Format: Articles
Subject: Reproduction, Ethics, Legal
Whitner v. South Carolina (1997)
In the case Whitner v. South Carolina in 1997, the South Carolina State Supreme Court defined the concept of a child to include viable fetuses. This allowed grounds for prosecution of a pregnant womanÕs prenatal activity if those activities endangered or could potentially endanger the fetus within her. The case brought the issue of fetal rights versus pregnant womenÕs rights to light.
Format: Articles
Subject: Legal, Reproduction
Burwell v. Hobby Lobby (2014)
In the 2014 case Burwell v. Hobby Lobby, the US Supreme Court ruled that the contraceptive mandate promulgated under the Patient Protection and Affordable Care Act violated privately held, for-profit corporations’ right to religious freedom. The contraception mandate, issued in 2012 by the US Department of Health and Human Services, required that employer-provided health insurance plans offer their beneficiaries certain contraceptive methods free of charge.
Format: Articles
Subject: Legal, Reproduction
Stump v. Sparkman (1978)
On March 28, 1978, in Stump v. Sparkman, hereafter Stump, the United States Supreme Court held, in a five-to-three decision, that judges have absolute immunity from lawsuits involving any harm their judicial decisions cause. Linda Sparkman, who was unknowingly sterilized when she was fifteen years old in 1971, sued Harold Stump, the county circuit court judge who signed the petition to allow Sparkman’s mother to have her sterilized. Sparkman’s mother stated to Stump that she wanted her daughter sterilized because of Sparkman’s alleged mental deficiencies and sexual promiscuity.
Format: Articles
Subject: Legal, Ethics, Reproduction
Sterilization Act of 1924
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.
Format: Articles
Subject: Legal, Reproduction
Roe v. Wade (1973)
In the 1973 case of Roe v. Wade, the US Supreme Court ruled that laws banning abortion violated the US Constitution. The Texas abortion laws, articles 1191–1194, and 1196 of the Texas penal code, made abortion illegal and criminalized those who performed or facilitated the procedure. Prior to Roe v. Wade, most states heavily regulated or banned abortions. The US Supreme Court decision in Roe v. Wade secured women's rights to terminate pregnancies for any reasons within the first trimester of pregnancy.
Format: Articles
Subject: Legal, Reproduction
Bowen v. American Hospital Association (1986)
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.
Format: Articles
Subject: Legal, Reproduction
Hwang Woo-suk's Use of Human Eggs for Research 2002-2005
Hwang Woo-suk, a geneticist in South Korea, claimed in Science magazine in 2004 and 2005 that he and a team of researchers had for the first time cloned a human embryo and that they had derived eleven stem cell lines from it. Hwang was a professor at Seoul National University in Seoul, South Korea. In the Science articles, Hwang stated that all of the women who donated eggs to his laboratory were volunteers who donated their eggs (oocytes) without receiving any compensation in return. In 2006, Hwang admitted that many of the results were fabricated.
Format: Articles
Subject: Legal, Ethics, Reproduction
Assisted Human Reproduction Act (2004)
The Assisted Human Reproduction Act (AHR Act) is a piece of federal legislation passed by the Parliament of Canada. The Act came into force on 29 March 2004. Many sections of the Act were struck down following a 2010 Supreme Court of Canada ruling on its constitutionality. The AHR Act sets a legislative and regulatory framework for the use of reproductive technologies such as in vitro fertilization and related services including surrogacy and gamete donation. The Act also regulates research in Canada involving in vitro embryos.
Format: Articles
Subject: Legal, Reproduction, Ethics
Davis v. Davis [Brief] (1992)
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.
Format: Articles
Subject: Legal, Reproduction
Barry Morris Goldwater (1909–1998)
Barry Morris Goldwater was a Republican Arizona Senator and US presidential candidate in the twentieth-century whose policies supported the women's reproductive rights movement. Goldwater, a businessman and Air Force reservist, transitioned into politics in the 1950s. He helped align popular support for a conservative Republican Party in the 1960s. Throughout his life, he worked to maintain personal liberty and to limit governmental intrusion into citizens' private lives. Goldwater, influenced by his wife Margaret (Peggy) Goldwater, supported women's rights to abortions.
Format: Articles
Subject: People, Reproduction, Legal, Religion
Human Fertilisation and Embryology Act (1990)
The Human Fertilisation and Embryology Act 1990 established the legal framework that governs infertility treatment, medical services ancillary to infertility treatment such as embryo storage, and all human embryological research performed in the UK. The law also defines a legal concept of the parent of a child conceived with assisted reproductive technologies.
Format: Articles
Subject: Legal, Reproduction, Ethics