I thought it was very interesting how each of our mini-groups came up with different ideas of what the main issues were on regulation of these frozen embryos. Elizabeth and Kate both brought up the fact that in other issues of reproductive technology like we saw in surrogacy, contracts were almost never followed. So when discussion of contracts with frozen embryos of parents who have died or were divorced, I started to rethink my impulsive decision to write a contract like it would solve all legal problems. So since these contracts are not holding up in court, what sort of enforcement could help a couple in legal disputes? It seems to me as though because contracts are not always being enforced, couples are losing more and more of autonomous decisions.
It is coming down to pure state-law. Which should definitely be in place, I think, though the contracts an individual couple makes should still hold some value. Florida holds one of the most stringent policies on when to discard a frozen embryo: death, divorce, or an extraneous situation regarding the parties that donated the egg and sperm of the embryo. This brings up an interesting point about property though-- in the Bill of Rights, every American is entitled to their private property. The Federal court has agreed that the embryo is determined to be property, and should be legally given and adopted (if so chosen) as property. But is it "private" property? If it were, there would be a huge debacle in Florida whether or not the state is taking away your property if in a divorce you get your embryos taken away. In this sense, I would argue that an embryo is not considered 'private' any longer. The embryo belongs to the state, as it is now their decision to take the destroying of an embryo into their own hands. Where does this transfer of ownership happen then--when you decide to give your embryo to the clinic to store? When you have any form of ART? For this defense, one could argue that because an embryo could be called human life, the state has a right to decide the best interest of that embryo in relation to their capacity to store the embryos. It almost sounds to me like Florida would lean on the side of having these embryos hold some form of life in a way, in that the state feels like it holds responsibility for them.
I look forward to tomorrow's Twitter discussion in class, and I hope that I can master the ability to stay in class discussion as well as be involved in Tweeting!
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