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Another frozen embryo custody battle
Title: SJC poised to decide fate of frozen embryos
Author: M. Rezendes
Address: Boston, MA
Source: The Boston Globe November 4, 1999
Summary: The Mass. Supreme Judicial Court began hearing arguments Nov. 4,
as to what should become of the embryos a woman would like to carry to term but her
former husband has no interest in fathering. In 1992, the Tenn. Supreme Court,
ruling in a case where there was no written agreement between a divorced man and
woman, said the man could not be forced into fatherhood by allowing his wife to
have their embryos implanted. Last year, New YorkÕs Court of Appeals ruled that 5
contested frozen embryos would be donated to research and ultimately destroyed,
as outlined in an agreement, even though the woman wanted to use them over the
objections of her ex-husband. In the Mass. case, according to the womanÕs
attorney, the case hinges on 7 consent forms signed by the couple while they were
still married. Because they agreed in writing on more than 1 occasion that the
right to use the embryos would go to the woman in the event of a separation, the
case can be decided without wrestling with the issues revolving around the legal
status of frozen embryos.
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