May 11, 2016
A fight to preserve and enforce contractual terms has turned into a battle for the recognition of personhood for frozen embryos involved in “custody” disputes. A potential law, being considered by the state of Missouri, would require judges to render decisions consistent with the best interests of the in vitro human embryo. Writing for BuzzFeed, Azeen Ghorayshi examines Jasha McQueen’s legal fight for custody of her and her ex-husband’s frozen embryos, per the terms of their fertility clinic consent form. ASU law professor and Center faculty director, Gary Marchant, is quoted in Ghorayshi’s article on the issue of consent forms and highlights that state courts are currently all over the map as to whether judges will enforce the terms of the contract or find ways to disregard the express terms of an agreement, resulting in inconsistent outcomes. Read the BuzzFeed article here.