Re: Contract Law Found to Govern Disposition of Frozen Embryos in Divorce

From: doctorjoe@aol.com
Fri Feb 24 08:49:06 2006


Sounds logical. If unborn babies are not individuals worthy of constitutional protection, why on earth would frozen embryos merit more? I would think they were more akin to dead bodies, which are not "persons" under the law but merely property of the family. Therefore, normal property laws (e.g. contract law, sales law, etc.) would govern.

Joe P.

-----Original Message----- From: Dean Huffman . <dean@thehuffpeople.net> To: Multiple recipients of list OB-GYN-L <ob-gyn-l@dns.obgyn.net> Sent: Fri, 24 Feb 2006 07:49:51 -0600 Subject: Contract Law Found to Govern Disposition of Frozen Embryos in Divorce

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Contract Law Found to Govern Disposition of Frozen Embryos in Divorce

Texas Lawyer

When a couple divorces, who owns their frozen embryos? A Texas appellate court reviewed the "scant case law on the subject" from other jurisdictions and reversed a trial court's judgment awarding three frozen embryos to the wife as part of a division of community property, despite the parties' prior written agreement to discard frozen embryos in the event of divorce. Attorneys for both sides agreed that the court sidestepped tough constitutional questions in focusing on the contract issues.

http://www.law.com/jsp/article.jsp?id=1140689114144





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