Credit: Bigstock Navigating the Complexities of Embryo Disposition
"The fundamental question surrounding embryos in 2024 is their legal status: are they considered persons, property, or something in between? This distinction is crucial because it determines the rights and protections afforded to embryos."
October 21, 2024 at 10:00 AM
11 minute read
Health Care
There can be no doubt that New York law takes a solid stance about contracting for the disposition of both prezygotes, zygotes, and embryos outside of the womb. Over 26 years ago, Chief Judge Judith Kaye wrote the Court of Appeals decision Kass v. Kass, determining that prezygotes are not recognized as persons for constitutional purposes, citing Roe v. Wade. The court in Kass v. Kass made it clear that couples and 3rd party medical providers such as fertility clinics could enter into consent forms regarding the disposition of prezygotes and that such provisions would be upheld by the court.
Lisa Zeiderman of Miller Zeiderman. Courtesy photo NOT FOR REPRINT
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