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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

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

Turpin v. Sortini (1982)

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.

Format: Articles

Subject: Legal, Reproduction

Adolescent Family Life Act (1981)

The 1981 Adolescent Family Life Act, or AFLA, is a US federal law that provides federal funding to public and nonprofit private organizations to counsel adolescents to abstain from sex until marriage. AFLA was included under the Omnibus Reconciliation Act of 1981, which the US Congress signed into law that same year. Through the AFLA, the US Department of Health and Human Services, or HHS, funded a variety of sex education programs for adolescents to address the social and economic ramifications associated with pregnancy and childbirth among unmarried adolescents.

Format: Articles

Subject: Legal, Outreach, Ethics, 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

Smith v. Cote (1986)

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.

Format: Articles

Subject: Legal, Disorders

Summerfield v. Superior Court [Brief] (1985)

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.

Format: Articles

Subject: Legal, Reproduction

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

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

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

Bonbrest v. Kotz [Brief] (1946)

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.

Format: Articles

Subject: Legal, Reproduction

Bowen v. Kendrick (1988)

On 29 June 1988, in Bowen v. Kendrick, the US Supreme Court ruled in a five-to-four decision that the 1981 Adolescent Family Life Act, or AFLA, was constitutional. Under AFLA, the US government could distribute federal funding for abstinence-only sexual education programs, oftentimes given to groups with religious affiliations. As a federal taxpayer, Chan Kendrick challenged the constitutionality of AFLA, claiming it violated the separation of church and state.

Format: Articles

Subject: Legal, Ethics, Outreach

Stuart v. Camnitz (2014)

In Stuart v. Camnitz, the United States Court of Appeals for the Fourth Circuit affirmed the decision of a North Carolina District Court that declared a controversial ultrasound mandate for abortions unconstitutional in 2014. The ultrasound mandate was a part of the Woman’s Right to Know Act introduced in North Carolina in 2011, which placed several restrictions on abortion care providers in the state.

Format: Articles

Subject: Legal

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

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

Woman’s Right to Know Act in Texas (2003)

In 2003, the Texas state legislature passed the Woman’s Right to Know Act, hereafter the Act, as Chapter 171 of the state’s Health and Safety Code. The Act sets requirements that physicians must follow during the informed consent process for abortion, or a medical procedure to terminate pregnancy, in Texas. Lawmakers amended the Act and added several additional regulations that restrict access to abortion in 2011, 2013, 2015, and 2017.

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

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

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.

Format: Articles

Subject: Legal, Reproduction

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

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.

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

Woman’s Right to Know Act in North Carolina (2011)

The North Carolina state legislature passed The Woman’s Right to Know Act in 2011, which places several restrictions on abortion care in the state. The Woman’s Right to Know Act, or the Act, imposes informed consent requirements that physicians must fulfill before performing an abortion as well as a twenty-four hour waiting period between counseling and the procedure for people seeking abortion, with exceptions for cases of medical emergency.

Format: Articles

Subject: Legal, Reproduction

Tucson Woman's Clinic v. Eden (2004)

The case Tucson Woman's Clinic v. Eden (2004) established that some of Arizona's abortion clinic laws violated physicians' and patients' rights to privacy, and it required those laws to be rewritten. The laws required most abortion providers to be licensed with the Arizona Department of Health Services and to submit to all the regulations the Department established for abortion clinics. The regulations allowed the state to search abortion clinics without warrants and to access patient records and ultrasound prints, among other provisions.

Format: Articles

Subject: Legal

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

Subject: Legal, Ethics

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

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