I wanted to add a couple more notes about the Florida opinion I wrote about a couple of days ago. And while I’m doing that, there’s a Nevada opinion from just a little while back (October 3) that I wanted to tie in here. It’s virtually a mirror image of the FL case.
First, two more points about the FL case–what I think of as the good and the bad, really. And these are taking a step away to get a little bit of a longer view.
The good: From what I can tell (and I do not have any access to the facts) the court decided this case in a way that I think reflects the reality of the family life that gave rise to it. There are many indications that both women functioned as parents to this child during the first two years of the child’s life. Continue reading
I’m interrupting myself (though I really want to get back to “social infertility” and what to think about it) because there is an interesting and important new case out of Florida. You can read the opinion (though it is long) and I’m sure in time there will be press, too. (I wrote about this case when it was decided by the lower court and you might want to read that, too. )
I want to offer some initial thoughts here, though think it quite possible I will find that I need to revise them as I think further. The case covers a lot of ground and might have some broad implications–or at least suggest some broader arguments.
The facts are pretty simple. DMT and TMH were lesbians in a long-term committed relationship. They wanted to raise a child together. TMH provided an egg. It was fertilized in vitro and the resulting pre-embryo was transferred to DMT’s uterus, which means DMT was pregnant with/gave birth to the child. Continue reading
Someone (ki sarita, in fact) raised an excellent question in an early comment on the last post: Why would you call Monica Schissel a surrogate when she is a pregnant woman and she is genetically related to the fetus she carries? There is some discussion of this in the last post, but I’ve been thinking about it more generally. This leads me to some observations that might be useful or, failing that, at least interesting.
It seems to me you can think about pregnant women as falling into one of four categories. Here they are:
A: Intending to be parent and genetically related to embryo
B Intending to be parent and NOT genetically related to embryo
C NOT intending to parent and genetically related to embryo
D. NOT intending to parent and NOT genetically related to embryo. Continue reading
I know I’ve been a very bad blog host, and I hope you all understand why–see the last post if you must. It’s just a busy time. But since it makes me fret when I don’t post I thought I’d put something quick up this evening before the second-to-last leg of the family event marathon. (This is son-to-college. Next (and last) is daughter-starts-high-school.)
Anyway, this story caught my eye today. Liam James Burke was born sometime earlier this year. An ordinary baby save for one thing: He was born after an embryo created 19 years ago was transferred to Kelly Burke’s uterus. That’s a remarkably long time for a frozen embryo to be preserved and then successfully transferred. Then again, perhaps we don’t really know how long they might remain viable.
The embryos had originally been created for an Oregon couple. Continue reading
I’ve been thinking, while not able to be on-line, about why this area of the law is as it is–a total mess, full of inconsistencies and contradictions. Wouldn’t it be nice if it were tidy and neat, as many areas of the law actually are?
There’s no simple answer to the “why” question, of course. Why would there be a simple answer? But I do have some ideas.
There have always been parents, of course, by which I mean two things: First, that men and women have engaged in sexual activities with resulting birth of genetic offspring and second, that the young creatures require care and someone has provided that care, at least to some of those offspring. Continue reading
I try to keep one eye on scientific developments that, while still in early stages, promise to complicate parenthood even further. I wrote about one line of research in the fall. This research opens to door to creating gametes (that would eggs and sperm) from ordinary cells, or at least from non-gametes. This is an outgrowth of research aimed at creating new specialized cells generally.
As the earlier post makes clear (I hope) the idea of creating specialized cells has wide application. The example I used (taken from research) involved creating new retinal cells which would be useful for treatment for certain retinal disorders.
But the implications of the research for reproductive technology are apparent. Continue reading
My classes ended today and I’m hoping to turn over a new leaf. That would mean (among other things) getting more posts up and keeping up with comments. There’s so much piled up on my desk, though, it’s hard to know where to start. On the theory that it is more important to just start, though, I choose this article, which someone sent to me last week.
This was published in The Guardian. It is just what the title suggests–a diary (brief) of a woman who served as a surrogate. She was what I would call an altruistic surrogate. What I mean by that is that money played no part in her decision. She offered herself as a surrogate because her brother and sister-in-law were desperate to have a child and had spent a great deal of time, toil and treasure trying to do so. Continue reading