Legal

Summerfield v. Superior Court [Brief] (1985)

By Brock Heathcotte

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.

Created 2008-05-09

Last modified 7 months 2 weeks ago

Format: Articles

York v. Jones [Brief] (1989)

By Brock Heathcotte

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.

Created 2008-05-09

Last modified 7 months 2 weeks ago

Format: Articles

Paretta v. Medical Offices for Human Reproduction [Brief] (2003)

By Brock Heathcotte

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.

Created 2008-05-09

Last modified 7 months 2 weeks ago

Format: Articles

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

By Brock Heathcotte

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.

Created 2008-05-09

Last modified 7 months 2 weeks ago

Format: Articles

Jeter v. Mayo Clinic Arizona [Brief] (2005)

By Brock Heathcotte

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.

Created 2008-05-09

Last modified 7 months 2 weeks ago

Format: Articles

Kass v. Kass [Brief] (1998)

By Brock Heathcotte

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.

Created 2008-04-29

Last modified 7 months 2 weeks ago

Format: Articles

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