Frozen : Frozen Embryo Ownership

Decent Essays

Emely Santana
Mr. Pumphrey
Period 7
Frozen Embryo Ownership
With the touchy topic of frozen embryos, many controversial questions come to mind. Perhaps the most controversial of all is in the case of divorce, who has the rights to the frozen embryos? The true questions is, should a frozen embryo be regarded as a person, property, or something else entirely? Many see freezing an embryo as freezing a baby, and others see it as property as it is not implanted in the mother and doesn 't have the capability of deciding on its own or feeling pain.
An embryo is a fertilized egg in its earliest stages of development. An embryo is formed when sperm fertilizes an egg. Cryoprotectants are to eliminate the formation of ice during …show more content…

For people who feel like embryos are like fetuses this option does not sit well with them. In the case of a divorce the two parents can also destroy them, donate them to an infertile couple, donate them to science or go through a custody battle. Disputes over the ownership of the frozen embryos depend on how courts legally classify the embryos. Donna M. Sheinbach states, “If the courts consider the embryos to be unborn children they will use a “ best interest of the child ” analysis based on family law principles to decide which parent prevails in the custody battle. If the courts classify the embryos as personal property they will apply it to property law as if the embryos were automobiles or jewelry. If the embryos are determined to be neither persons or property but something in between, the applicable regime is constitutional law.”
Although many couples partake in freezing their embryos, others find it inhumane and unnatural. Many see it as freezing a baby and correlate it to the subject of abortion. Some couples see the act of freezing embryos to later have them transferred into the mother’s uterus as unnatural, for intercourse did not take place in the creation of the fetus. Another issue couples have is that freezing embryos and transferring them is a costly deed. Couples also suffer with the fear of having the embryos switched during the

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