In-Vitro Fertilization: Custody Disputes © Jose Sanchez. 3 November 26, 2017. All rights reserved. Arizona State University Abstract: When posed with the question: In a custody dispute over a fetus born through in vitro fertilization, whose rights should prevail? In-Vitro fertilization is a complicated and new area of study. However with the development of new processes and in this case, an entirely new field of study, come new questions which challenge the morality and ethics of either side, whether the fetus is given to the woman whose eggs were used, or whether the woman who carried the child through to term should have custody over the child. As it is now, it truly does end up coming down to a case-by-case basis. However in most cases, the rights of the woman whose eggs, or the man whose sperm was used to fertilize the embryo should prevail in case of any custody disputes. In-Vitro Fertilization: Custody Disputes Section 1 – Introduction In 1978, Louise Brown became the first person to be born through In-Vitro Fertilization, her birth revolutionized the field of reproductive medicine. There have been a few factors which since then have increased the demand for the service and more knowledge about the effects and relationship between development well into adulthood and the use of In-Vitro Fertilization (otherwise known as IVF) in order to conceive a healthy child. A study published by The American Society for Reproductive Medicine, shows that 1-in-8
In vitro fertilization and human embryonic stem cell research are two of the most popular and controversial topics that are being discussed today. Lee Silver, from the film defines in vitro fertilization as:
With this reproductive technology, the possibilities for conflict with Jewish law expand. There are three main scenarios in which IVF is used. The first is IVF using sperm and egg provided by the couple with the implantation of the fertilized egg into the uterus of a surrogate. The second scenario is the use of the wife’s egg and donated sperm, with the placement of the fertilized egg in either the uterus of a surrogate of the uterus of the wife. Finally, there is IVF using the husband’s sperm and a donated egg with placement of the fertilized egg in the uterus of the wife, the uterus of the donor, or the uterus of a third-party surrogate. The form that is the most common is in vitro fertilization using egg and sperm belonging to the couple. In general, in vitro fertilization with no donor gametes poses conflicts like those with
An issue that has caused great legal debate is the freezing of eggs and embryos. Freezing allows savings eggs or embryos for later implantation; not all are used. However, frozen embryos and eggs generally have a lower success rate. The question arises of what happens to them if the couple decides to divorce, or one or both of them dies? These situations have been decided through court determinations. In 1987, the status of frozen embryos was brought before the Victorian courts with the case of Mr and Mrs Rios, who had died in a plane crash. The embryos from Mr and Mrs Rios had been frozen in 1981. There were many ethical and moral concerns regarding this case. Should the embryos remain frozen indefinitely, be donated, or kept for research? The Infertility (Medical Procedures) Act
Many women are eager to become a mother, but infertility prevents some women from satisfying this need. However, modern biotechnologies combined with changed norms of culture now provide them reproductive choices such as in vitro fertilization. In order to develop these reproductive choices, we need to research on living human embryo. Because its procedures terminate the life of embryo, embryonic research stirs up public attention on its morality. Society questions if these methods are morally right. Do they violate the meaning of personhood and life? Do we kill a human when we research the embryos? These questions are asking our foundation of morality. We must be cautious and avoid any logical fallacies when we answer them. Using
Whilst it has been touched upon earlier, the ethical debate surrounding the status of embryos and fetuses is vast and complicated. A focal point of the ethical debate is the moral status of abortion as well as whether and on what basis it should be available to the public; it is through this topic that the ethical debate shall be considered.
The author of this paper has selected a health care colleague Mrs. T.R, to interview on the ethical beliefs, philosophy and worldview about the in-vitro fertilization, embryo harvesting and posthumous conception. Mrs. T.R, was born and brought up in an Indian Hindu family and immigrated to USA in 2000. She is working as a Registered Nurse in Illinois. She has conceived a child using In Vitro Fertilization, because she was diagnosed with Breast Cancer at the age of 27. The interview responses of Mrs. T.R, to the questions regarding Embryo Harvesting and Freezing, and rights of children born to posthumous conception in the light of Supreme Court ruling on the Karen Capato Case, are summarized in this paper.
Reproductive technology has advanced in recent years and with that advancement has come a debate on what is ethical, moral or beneficial to those who are involved. Applying the principles of ethics to reproductive technologies can aid health professionals toward the best outcome for everyone involved. With applying the ethic principles, one must first choose whose welfare that is being considered-the potential parents, the embryo, or both? An embryo is not able to convey autonomy, but people still consider its welfare anyway. There are existing conflicts as to when during development does an embryo become a human being that has rights. There are many who want
The topic of whether couples should undergo the usage of various reproductive technologies, especially IVF, for purposes such as selecting the gender of their unborn baby, is an intense ongoing debate. In-vitro fertilisation or for short IVF, was made available in the late 1970’s, in order to assist women who encountered certain forms of infertility that prevented them to give birth and bear children (George, 2005). There are currently various arguments for the use of IVF in choosing the sex of an unborn baby, which include the practical and biological reasons whereas arguments against the usage of IVF involve social and ethical reasons.
In-Vitro Fertilization is a hot topic and brings about many ethical considerations and questions from many. Quebec is experiencing a very tough dilemma of having to scale back their IVF program in which it is being claimed that the funded treatments may have been overused and need to be cut back. My first question when reading this article has to do with the word “overuse”, and wondering how that is defined? I think this would help to better evaluate ways the government could implement a program like this. I feel as though I am torn as to what I think with regards to if IVF should be a fully government funded treatment. Although I think that IVF procedures are extremely important and currently far to expensive, I am unsure as to if I think it should
“In-Vitro Fertilization Raises Custody Rights and Family Law Questions” 2012, Law Firm Legal News Center Retrieved November 5, 2015
The process behind reproduction has been taken for granted since the time of Gregor Mendel. “The two ‘gametes’ (female egg and male sperm) combine to form a one-celled embryo (technically known as a zygote), which divides and divides again in careful choreography to form an embryo, which grows and unfolds to become a facsimile, or near facsimile, of its parents, combining features of both” (Tudge, 51). InVitro fertilization then becomes the basics of combining egg and sperm, a concept that would be understood by those of Mendel’s time. As the technology advances and the controversy develops, the question of whether there is an ethical distinction between preventing genetic diseases and enhancing traits comes to the discretion of the public.
Although the frozen embryos are the solution in many infertility cases, but they come with some legal issues which discuss:
Sarah, being born and raised in a strong bible based home believes in the living accordingly to the natural law God has set for all those walking the Earth He created. After several years of trying to conceive a child naturally, they unfortunately have not been successful in doing so. With a number of options available it is important to explore the alternate choices for the couple. In Vitro Fertilization or IVF is one assisted reproductive technology that may be put into play. IVF involves combining the female eggs and male sperm outside the body and into a laboratory. Once an embryo or multiple embryos form, they are then placed in the woman’s uterus. With Sarah’s belief she is not in agreement to go through with this reproductive procedure.
Before this systematic review published, only two reviews were available of outcomes for singletons after IVF techniques. In comparison with natural conception, it has been proposed that the obstetric results of pregnancies are poorer with IVF/ICSI. Today, it is reported that the number of women that undergo IVF/ICSI process is increasing around the world. With this, I am curious about the risks for women having IVF/ICSI and how perilous it is to them since the process is not natural. I would also like to know what causes the risks and specifically the factors that increase them. As a nurse who had IVF education and practice and worked with such renowned IVF specialists such as Dr. Buckett, Dr. Holzer and Dr.Tan, I decided to conduct a synthesized evidence search on the systematic review so that I can help these patients to have more attentive care to prevent or minimize the possible risks of In Vitro Fertilization techniques that may potentially endanger them.
Modern Technologies have given rise to preserving family’s lives and heritage all over the globe. One such technology is posthumous conception which involves harvesting and freezing or genetic manipulations like In-Vitro fertilization, Artificial Insemination, and Cryopreservation of gametes (eggs and sperm) and embryos. Numerous families have benefited from posthumous conceptions, but not without raising ethical questions and concerns (Soules, 1999). Posthumous reproduction is an issue that triggers legal, religious, and ethical debates (Knapp et al, 2011). The following will explore some of the ethical issues and implication surrounding embryo harvesting and genetic manipulations and the impact it has on stakeholders such as nurses, and the role the laws plays as well as the effects on the family dynamics and their future while describing ethical theories and/or principles and will summarize the social values, morals, norms, nursing practice that applies to the topic.