Health Law Keyed to Furrow
Davis v. Davis
Facts
In attempting a desired pregnancy, Mary Sue (Defendant) and Junior (Plaintiff) Davis, by way of in vitro fertilization (IVF), produced a number of preembryos, seven of which had been cryogenically frozen for later transfer to Defendant's uterus. The divorce action by Plaintiff prompted Defendant to seek control of the "frozen embryos" to attempt a postdivorce pregnance. Plaintiff objected. They agreed on all terms of dissolution except for disposition of the embryos. Both parties later remarried, and then Defendant wanted to donate the embryos to a couple with no children. Plaintiff objected adamantly. The trial court determined that the embryos were "human beings" from the moment of fertilization and awarded "custody" to Defendant. The court of appeals reversed and gave joint control to the parties to have an equal say regarding disposition of the embryos. Defendant appealed.
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