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.
George Richard Tiller, a doctor who performed abortions in Wichita, Kansas, was shot to death on 31 May 2009 by Scott Roeder. As the director of one of only a small number of clinics in the US that performed legal late-term abortions, Tiller was a target for anti-abortion activists. Though Tiller lived and worked in Kansas, his work agitated anti-abortion groups and fueled the controversy surrounding abortion at a national level. Tiller's life and death fueled the abortion debate in the US.
Dell Publishing in New York City, New York, published Lennart Nilsson's A Child Is Born in 1966. The book was a translation of the Swedish version called Ett barn blir till, published in 1965. It sold over a million copies in its first edition, and has translations in twelve languages. Nilsson, a photojournalist, documented a nine-month human pregnancy using pictures and accompanying text written by doctors Axel Ingelman-Sundberg, Claes Wirsen and translated by Britt and Claes Wirsen and Annabelle MacMillian. Critics lauded A Child Is Born for its photographs taken in utero of a developing fetus. Furthermore, the work received additional praise for what many described as simple and scientifically accurate explanations of complicated processes during development.
Howard Wilber Jones Jr. and his wife, Georgeanna Seegar Jones, developed a method of in vitro fertilization and helped create the first baby in the US using that method. Though the first in vitro baby was born in England in 1978, Jones and his wife's contribution allowed for the birth of Elizabeth Carr on 28 December 1981. Jones, a gynecologist and an obstetrician, researched human reproduction for most of his life.
In the 2008 court case In the Matter of the Marriage of Dahl and Angle, the Court of Appeals of Oregon upheld a written in vitro fertilization (IVF) consent form signed by Laura and Darrell Angle, who had each contributed their genetic material to the creation of several preembryos during their marriage. Its decision followed the general framework for resolving such disputes provided by the Supreme Court of Tennessee in Davis v. Davis in 1992, which was subsequently followed by many courts across the US. The decision by the Court of Appeals of Oregon reinforced the idea that agreements that reflect the couple's intent at the time of undertaking IVF should be upheld, regardless of a later change of heart.
In Stenberg v. Carhart, the US Supreme Court ruled on 28 June 2000 that a Nebraska law banning partial birth abortions was unconstitutional. Though the US Supreme Court case Roe v. Wade in 1973 had set a precedent that constitutionally protected abortions, some states established limitations on certain types of abortion procedures. When NebraskaÕs state government criminalized partial birth abortions, physician LeRoy Carhart challenged the constitutionality of the case. Don Stenberg, an Attorney General located in Lincoln, Nebraska, represented the state of Nebraska. Stenberg determined that states could not create undue burden on womenÕs right to terminate their pregnancies, and that specific restrictions on abortion procedures must include an exception to protect a womanÕs health and life.
In the case Randy M. Roman v. Augusta N. Roman (2006), the Court of Appeals of Texas followed courts in other states and upheld the validity and enforceability of in vitro fertilization (IVF) consent agreements. The Romans, a divorced couple, each sought different outcomes for their cryopreserved preembryos created during their marriage. Randy Roman sought to have them destroyed, and Augusta Roman sought to implant them in an attempt to have biological children. The Texas court, citing several related cases, declared that the written IVF consent form the Romans had signed would govern the outcome of the cryopreserved preembryos.
The Silent Scream is an anti-abortion film released in 1984 by American Portrait Films, then based in Brunswick, Ohio. The film was created and narrated by Bernard Nathanson, an obstetrician and gynecologist from New York, and it was produced by Crusade for Life, an evangelical anti-abortion organization. In the video, Nathanson narrates ultrasound footage of an abortion of a twelve-week-old fetus, claiming that the fetus opened its mouth in what Nathanson calls a silent scream during the procedure. As a result of Nathanson's anti-abortion stance in the film, The Silent Scream contributed to the abortion debate in the 1980s.
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. Sortini similarly dealt with the legal challenges inherent in wrongful life suits.
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. Although Steven and Maureen Kass had signed IVF consent forms agreeing to donate unused preembryos to research, during their divorce Maureen argued for custody of the preembryos. The New York Court of Appeals ruled in favor of Steven Kass and concluded that the informed consent forms signed by the former couple had clearly manifested the coupleÕs mutual intent to donate any preembryos to research in the event of a dispute.