The Wisdom of Solomon: Why We Can't Split the Pre-Embryo

Bridget M. Fuselier, Baylor Law School

Abstract

Due to the fact that there are at least 500,000 cryo-preserved pre-embryos and a very small amount of common law or statutes to provide guidance, legislators need to act and take steps to guide the people impacted by these problems.

This article promotes modifications to property concepts that protects the special dignity of the pre-embryo while also recognizing the autonomy of the individual gamete providers. The article proposes a form of ownership that would prevent the pre-embryos from passing through wills and by intestate succession. It would also eliminate the possibility of ending up with a multitude of owners for the pre-embryos. Finally, it would prevent the pre-embryos from being divided in any manner.