Wednesday, September 28, 2011

Who Should Control the Use of Frozen Embryos?

An Argentinian court has held that a woman can, over her ex-husband's objections, attempt to achieve pregnancy using frozen embryos created when they were still married. Here's the AP story. This is out of line with most previous holdings in the same area. A small number of US courts have held in favor of husbands who wanted to prevent their ex-wives from using frozen embryos left over from the happier days of their marriages. Look at Ellen Waldman's work, here. The UK held the same, and the European Court of Human Rights declined to overturn them. About the only court in the world, before this Argentinian case, to hold in favor of the woman, was Israeli--and this was consistent with a long, but complex and controversial, pronatalism of Israeli law. Have a look at Ellen Waldman's scholarship in this area. .