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Dissertation: A Fetus By Any Other Name: How Words Shaped the Fetal Personhood Movement in US Courts and Society (1884-1973)
The 1973 Supreme Court case Roe v. Wade was a significant event in the story of fetal personhood—the story of whether embryos and fetuses are legal persons. Roe legalized abortion care in the United States (US). However, the story of fetal personhood began long before the 1970s. People have been talking about embryos, fetuses, and their status in science, the law, and society for centuries.
Format: Essays and Theses
Subject: Reproduction, Ethics, Legal
Jeter v. Mayo (2005)
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.
Format: Articles
Subject: Reproduction, Legal
Jeter v. Mayo Clinic Arizona [Brief] (2005)
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.
Format: Articles
Subject: Legal, Reproduction
Dietrich v. Inhabitants of Northampton [Brief] (1884)
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.
Format: Articles
Subject: Legal
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
Doolan v. IVF America [Brief] (2000)
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.
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
Thesis: Informed Consent Laws for Abortion: What Do Women Have a "Right to Know?
The objective of this project was to determine the importance of informed consent laws to achieving the larger goal of dismantling the right to abortion. I found that informed consent counseling materials in most states contain a full timeline of fetal development, along with information about the risks of abortion, the risks of childbirth, and alternatives to abortion. In addition, informed consent laws for abortion are based on model legislation called the “Women’s Right to Know Act” developed by Americans United for Life (AUL).
Format: Essays and Theses
Commonwealth v. Luceba Parker [Brief] (1845)
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.
Format: Articles
Subject: Legal, Reproduction
Birth without Violence (1975), by Frederick Leboyer
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.
Format: Articles
Subject: Publications, Reproduction
Ethics and Induced Pluripotent Stem Cells
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.
Format: Articles
Subject: Technologies, Ethics
Davis v. Davis (1992)
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.
Format: Articles
Subject: Legal
Essay: Review of Icons of Life: A Cultural History of Human Embryos
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
Subject: Publications
"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.
Format: Articles
Subject: Publications, Legal, Outreach
“Women’s Right to Know” Informed Consent Informational Materials
As of 2021, twenty-eight US states have informed consent laws for abortion, which is a medical procedure to terminate pregnancy, often called Women’s Right to Know laws. Those laws often require the state government to develop informational materials that healthcare providers must give to women before an abortion. Informational materials generally include information about the process of fetal development, accompanied by illustrations or pictures, risks and effects of abortion, and alternatives to abortion.
Format: Articles
Subject: Legal
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
Format: Articles
Subject: Publications, Legal, Ethics