Does the mother with the wrong embryos have the right to have an abortion (Roe v. Wade says yes prior to viability).
This is not a biology or health class. Please do not tell us about the use of IVF, the biology behind things. Please discuss the cases from a legal/rights/ethics perspective.
DISCUSSION BOARD ASSIGNMENT: Select ONE of the cases from the readings.
Tell us which one and have a 1-2 sentence summary of what happened. Please then discuss each of the parties’ rights, the laws that apply and what you thought about the outcome.
If you picked the retrieval of sperm from the deceased to create grandchildren case – here are some questions to consider:
Is it right to allow parents to retrieve deceased adult children (over the age of 18) sperm/eggs to create their own grandchildren?
What rights do the children have? Is it right to deprive them of social security benefits/survivor benefits, etc.?
Should we allow elderly/older people to become the “parents” of this child? Whose child is this? What if the egg donor wants custody?
If you picked the assisted reproduction cases (wrong embryos cases), think about these questions:
Does the mother with the wrong embryos have the right to have an abortion (Roe v. Wade says yes prior to viability).
Does the mother who carries the baby but who is not biologically related to the child have ANY rights (visitation/keeping the baby)? (no, legally).
Duty/breach/proximate cause and damages against the infertility clinics. What ethics are involved in telling/not telling/timing of telling. Who is responsible -employer/employees (respondeat superior).
Is there any duty owed to tell the child of the birth (non-biological mother).
If you picked the frozen embryos cases, think about these questions:
What did the IVF contract say – what are the legal rights.
If absent (silent) then who gets the eggs
What are the rights of a child to be born?
What are the rights of a woman to birth the eggs that she has conceived?
Can we make men become fathers and charge them with child support of these embryos?
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