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Unpublished Paper
All Your Eggs in One Basket: Why Contract Law Proves Unreliable in Frozen Embryo Adoption Cases
ExpressO (2011)
  • Austin R Caster
Abstract

This article will show why infertile couples cannot unequivocally rely on good faith, consensual contracts in cases of assisted reproductive technology because the law is so unsettled. Each section will show why, because of alleged public policy implications, contract doctrines or clauses such as (1) the termination of parental rights, (2) the doctrine of waste, and (3) liquidated damages still remain almost completely unreliable in a matter regarding assisted reproductive technology. Though this uncertainty affects infertile couples trying to complete their families through various methods including adoption, surrogacy, in vitro fertilization, and artificial insemination, this article will focus on cases involving the donation, sometimes referred to as adoption, of frozen embryos.

Keywords
  • embryo,
  • adoption,
  • ART,
  • ethics,
  • contracts,
  • family law,
  • infertile,
  • health,
  • medical,
  • parent,
  • child
Disciplines
Publication Date
May 17, 2011
Citation Information
Austin R Caster. "All Your Eggs in One Basket: Why Contract Law Proves Unreliable in Frozen Embryo Adoption Cases" ExpressO (2011)
Available at: http://works.bepress.com/austin_caster/3/