Preimplantation genetic diagnosis (PGD) involves testing for specific genetic conditions prior to the implantation of an embryo in the uterine wall. This form of genetic screening has been made possible by the growth of in-vitro fertilization (IVF) technology, which allows for the early stages of development to occur in a laboratory dish rather than in vivo. The purpose of PGD is to identify what are considered to be abnormal embryos in order to select the most desirable embryos for implantation. Diagnosis is comprised of two steps: extraction of one or two cells from an IVF-produced embryo, and application of the PGD test. PGD is important to embryology because it has advanced IVF results and allowed couples more opportunities to deliver a child to term; however, it has also created much controversy.
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.
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.
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.
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. In doing so, the courts ruled that doctors and other healthcare providers were potentially subject to legal and financial consequences if they failed to inform their patients during pregnancy of possible birth defects. The Berman case, along with the 1982 California Supreme Court case Turpin v. Sortini and the 1977 New York Supreme Court case Park v. Chessin, was a case where a state supreme court grappled with the issues of wrongful birth and wrongful life.
The Center for Reproductive Health was a fertility clinic run by a partnership of world-renowned fertility specialists from 1986 to 1995. The Center operated at three clinic locations under affiliation with the University of California Irvine 's Medical Center (UCIMC). The Center's renowned specialists and medical success stories attracted clients worldwide until evidence of highly unethical practices conducted by doctors there resulted in over one hundred lawsuits against the University. At issue was the doctors' misappropriation and unauthorized use of eggs and embryos. The three partners of the Center were indicted for mail fraud, for billing insurance companies for work not performed, and for violating California State legislation requiring consent to use eggs and embryos and outlawing egg and embryo theft. The three partners indicted for the unethical practices at the Center were Sergio Stone, a uterine surgery and hormonal treatment specialist, José Balmaceda, a Rockefeller Foundation fellowship award winner in reproductive endocrinology, and Ricardo Asch, director of the clinics and inventor of the gamete intrafallopian transfer (GIFT) assisted reproduction technique.
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. It acknowledges the conflicting viewpoints that exist regarding the issue of abortion, but notes the overall global liberalization of the legal system since the 1950s and the significant drop in maternal, abortion-related illness and death. The following is a description of the study, taken from the original Hebrew version written in November 2007.
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. It further concluded that a minor has grounds to sue for medical malpractice committed when it was an embryo or fetus.
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.
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. The couple sued when the doctors at the Jones Institute refused to release the preembryo to the Yorks for use at a different IVF clinic. The Virginia district court denied the Jones Institute's attempt to have the York v. Jones case dismissed, and instead upheld the Yorks' right to move forward with their lawsuit. The York v. Jones decision had important implications for future disputes over cryopreserved preembryos because it treated the Yorks' cryopreserved preembryo as legal property over which the Yorks retained decision-making authority.