Oregon Law Review : Vol. 88 No. 3, p.931-962 : Of Property and Procreation: Oregon’s Place in the National Debate over Frozen Embryo Disputes
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Date
2009
Authors
Frazier, Tracy J.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon Law School
Abstract
With the development of assisted reproductive technologies such
as IVF, human inventiveness has opened a Pandora’s box of ethical
and legal issues. Profound uncertainty exists when parties using IVF
subsequently disagree about the disposition of their cryopreserved
embryos. Perhaps because these technologies implicate some of the
most intimate human concerns—reproduction, parenting, and
marriage—both legislatures and the courts have been reluctant to
speak explicitly about any resolution of the present confusion. The
few courts, including Oregon’s, to address the issue of remaining
embryos have considered the problem within the typical legal
framework of property and contract interpretation. But such legal
construction reduces the embryo to an object and ignores possible
solutions that would keep many embryo disputes out of court.
Oregon should look to the IVF contract for resolution, requiring
parties to agree in advance to the disposition of their embryos and
preventing them from coming to an agreement that no court will
enforce. The legislature should take measures to ensure that wouldbe
parents understand the gravity of their agreement. Mandating
counseling before entering into the contract with the IVF clinic may
be one such measure. Ultimately, enactment of such a statute will
both create a foundation for a more uniform and consistent legal
setting and ensure a more rational basis for resolving embryo
disputes.
Description
32 p.