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King Solomon?s Solution to the Disposition of Embryos: Recognizing a Property Interest and Using Equitable Division

By Alliance Alert

When divorce and IVF combine, a complex legal battle develops. When a couple that used IVF divorces, the court must decide who should get the remaining embryos. This article asserts that embryos should be considered property. The elements of ownership, possession, use, and exclusion, otherwise known as the bundle of sticks, are present. American law has taken an expanded view of property in the past and should continue to do so with embryos. Recognizing a property interest will create uniformity and promote judicial efficiency. Property is a well settled area of law that can be easily applied to embryos. During divorce proceedings, the frozen embryos will be considered marital assets and will be divided during distribution. By treating the embryos as a form of marital property, both parties would essentially get to choose what to do with their portion of the embryos. Lastly, by acknowledging a property right in the embryos, the sensitive area of procreation is avoided. The embryo decision will be made on a neutral ground and intense emotions can be avoided.

Full post as published by Constitutionally Correct on January 22, 2009 (boomark / email).