Embryo Project Encyclopedia

In 2001, the Supreme Court of New Jersey decided a dispute between a divorced couple over cryopreserved preembryos created through in vitro fertilization (IVF) during the coupleÕs marriage. The former wife (J.B.) wanted the preembryos destroyed, while her former husband (M.B.) wanted them to be used for future implantation attempts, such as by an infertile couple. In J.B. v. M.B. (2001), the court declined to force J.B. to become a parent against her will, concluding that doing so would violate state public policy. Instead, the Supreme Court of New Jersey decided that agreements directing the allocation of cryopreserved preembryos will be enforced, unless one party changes his or her mind prior to the preembryosÕ use or destruction. Should a party revoke an earlier decision about the preembryos, New Jersey courts should weigh the partiesÕ interests with special weight given to an individualÕs right to not procreate.

Ovism was one of two models of preformationism, a theory of generation prevalent in the late seventeenth through the end of the eighteenth century. Contrary to the competing theory of epigenesis (gradual emergence of form), preformationism held that the unborn offspring existed fully formed in the eggs or sperm of its parents prior to conception. The ovist model held that the maternal egg was the location of this preformed embryo, while the other preformationism model known as spermism preferred the paternal germ cell, as the name implies.

This embryology image is a pencil sketch by Nicolaas Hartsoeker, published as part of his 1694 French-language paper entitled Essai de Dioptrique, a semi-speculative work describing the sorts of new scientific observations that could be done using magnifying lenses. Dioptrique was published in Paris by the publishing house of Jean Anisson. The image depicts a curled up infant-like human, now referred to as a homunculus, inside the head of a sperm cell. This sketch is important to embryology because it is one of the most illustrative examples of preformationism, a theory of generation stating that each future member of any given species exists, fully formed though miniscule, within the gametic cells (sperm or eggs) of its parents. This theory was popular among naturalists in the eighteenth century.

Nicolaas Hartsoeker, a Dutch astronomer, optics manufacturer, and naturalist, was born 26 March 1656 in Gouda, Netherlands, and died 10 December 1725. His mother was Anna van der Mey and his father was Christiaan Hartsoeker, a prominent evangelical minister. His major contribution to embryology was his observations of human sperm cells, which he claimed to be the first to see under a microscope. His sketch of the homunculus, a tiny preformed human he believed to exist in the head of spermatazoa, is his lasting scientific legacy in the field of embryology. This sketch was only a minor part of his first publication, Essai de Dioptrique (1694), which dealt primarily with the use of optical lenses in science. In subsequent years the sketch became iconic of the theory of embryological development known now as preformationism. Hartsoeker himself was a vocal adherent of spermist preformationism and is often cited as the originator of the idea.

Preformationism was a theory of embryological development used in the late seventeenth through the late eighteenth centuries. This theory held that the generation of offspring occurs as a result of an unfolding and growth of preformed parts. There were two competing models of preformationism: the ovism model, in which the location of these preformed parts prior to gestation was the maternal egg, and the spermism model, in which a preformed individual or homunculus was thought to exist in the head of each sperm. Preformationism was a widely-held theory by Enlightenment-era scientists, but by the early 1800s, most scientists had abandoned it, in part because higher magnification in microscopes enabled them to see the very earliest stages of embryos as small collections of cells. Prior to preformationism, naturalists who studied embryo development favored the theory of spontaneous generation in lower animals, such as flies, which appeared to arise from manure. In higher animals, however, scientists used the theory of epigenesis put forth by Aristotle, who said that maternal and paternal fluids came together in the uterus and solidified during early gestation into a fetus. Preformationism was the first theory of generation and development that applied to all organisms in the plant and animal kingdoms.

Marcello Malpighi studied chick embryos with microscopes in Italy during the seventeenth century. Trained as a medical doctor, he was among the first scientists to use the microscope to examine embryos at very early stages. Malpighi described early structures in chick embryos, and later scientists used his descriptions to help develop the theory of preformationism.

From its founding in 1910 until it closed its doors in 1939, the Eugenics Record Office (ERO) at Cold Spring Harbor Laboratory in New York was the center of the American Eugenics Movement. Charles Davenport, a geneticist and biologist, founded the ERO, and served as its director until 1934. Under the direction of Davenport and his associate, superintendant Harry H. Laughlin, the influence of the ERO on science and public policy waxed during the early twentieth century until after World War II. The ERO is important to the history of embryology because of the key role it played in the application of scientific theories about heredity to the formulation of reproductive social policies.

In the case Randy M. Roman v. Augusta N. Roman (2006), the Court of Appeals of Texas followed courts in other states and upheld the validity and enforceability of in vitro fertilization (IVF) consent agreements. The Romans, a divorced couple, each sought different outcomes for their cryopreserved preembryos created during their marriage. Randy Roman sought to have them destroyed, and Augusta Roman sought to implant them in an attempt to have biological children. The Texas court, citing several related cases, declared that the written IVF consent form the Romans had signed would govern the outcome of the cryopreserved preembryos.

In the 2008 court case In the Matter of the Marriage of Dahl and Angle, the Court of Appeals of Oregon upheld a written in vitro fertilization (IVF) consent form signed by Laura and Darrell Angle, who had each contributed their genetic material to the creation of several preembryos during their marriage. Its decision followed the general framework for resolving such disputes provided by the Supreme Court of Tennessee in Davis v. Davis in 1992, which was subsequently followed by many courts across the US. The decision by the Court of Appeals of Oregon reinforced the idea that agreements that reflect the couple's intent at the time of undertaking IVF should be upheld, regardless of a later change of heart.

In re Marriage of Witten, decided by the Iowa Supreme Court in 2003, held that neither Tamera nor Arthur (Trip) Witten could use or destroy several cryopreserved preembryos created during their marriage using in vitro fertilization (IVF), unless the former couple could reach a mutual agreement. Tamera and Trip Witten, unable to conceive conventionally during their marriage, had attempted to start a family together using IVF at the University of Nebraska Medical Center (UNMC) in Omaha, Nebraska. When Trip sought to dissolve the marriage in April 2002, following several unsuccessful IVF attempts, seventeen of their preembryos were in storage at UNMC. The former couple disagreed about what should happen to the preembryos and asked the court for a resolution as part of the marital dissolution action. The high court of Iowa’s decision to restrict both individuals from using the cryopreserved preembryos without the other person’s consent reflected a belief that Tamera and Trip shared equal decision-making authority over the preembryos.