Embryo Project Encyclopedia

The "Humanae Vitae," meaning "Of Human Life" and subtitled "On the Regulation of Birth," was an encyclical promulgated in Rome, Italy, on 25 July 1968 by Pope Paul VI. This encyclical defended and reiterated the Roman Catholic Church's stance on family planning and reproductive issues such as abortion, sterilization, and contraception. The document continues to have a controversial reputation today, as its statements regarding birth control strike many Catholics as unreasonable.

This influential opinion by famed jurist Oliver Wendell Holmes, Jr. was copied by courts throughout the United States. For over sixty years, courts refused to recognize a cause of action on behalf of a child who died before or after birth as a result of injuries suffered in the womb because the fetus was considered legally a part of its mother and thus did not possess personhood. This policy changed after the decision in Bonbrest v. Kotz in 1946.

Karl Wilhelm Theodor Richard von Hertwig is an important figure in the history of embryology for his contributions of artificial hybridization of sea urchin eggs and the formulation of his coelom theory. He was born 23 September 1850 in Friedelberg, Germany, to Elise Trapp and Carl Hertwig. Richard and his older brother Oscar began their studies at Jena under the direction of Ernst Haeckel from 1868 to 1871. In 1872 Hertwig became a lecturer in zoology at Jena while Oscar lectured in anatomy and embryology. As both brothers advanced in their respective fields, Hertwig left Jena to become a professor at Königsberg. In 1883 he was professor at Bonn and in 1885 in Munich, where he stayed until his retirement in 1925. Hertwig married Julia Braun in 1887 and had two sons and one daughter. He remained very active his entire life, outliving his brother Oscar by fifteen years.

Pope John Paul II's views on abortion and embryology have been very influential to the Roman Catholic Church. He strictly forbade abortion and other threats to what he regarded as early human life in his encyclical entitled "Evangelium Vitae," meaning the "Gospel of Life." His authority on moral and social issues was highly regarded during his lifetime. Known around the world for his peace efforts and extensive writings on everything from poverty and Communism to contraception and reproductive issues, Pope John Paul II's legacy consists of his major contributions to the Roman Catholic Church' s body of doctrine and the effects of his long period of influence on Catholics and governments throughout the world.

In Arizona, statutes that protect persons, such as the wrongful death statute, will not be interpreted by the courts to grant personhood status to frozen embryos. The legislature may grant such protection in the statute if it chooses to do so by explicitly defining the word person to include frozen embryos.

In a case of first impression in the state of New York, the highest state court decided that a priori written agreement between progenitors of frozen embryos regarding the disposition of their "pre-zygotes" in the event of divorce is binding. By copying the general result arrived at by the Tennessee Supreme Court in Davis v. Davis in 1992, the New York court magnified the weight of authority in favor of upholding prior written agreements for in vitro fertilization practices.

Pope Innocent XI, born Benedetto Odescalchi, made considerable contributions to the Roman Catholic approach to embryology by condemning several propositions on liberal moral theology in 1679, including two related to abortion and ensoulment. His rejection of these principles strengthened the Church's stance against abortion and for the idea of "hominization," meaning the presence of human qualities before birth.

This case was the first of its kind to address questions of personhood in the context of in vitro fertilization of a human embryo. It laid a foundation for future cases to work from: specifically, this case established the importance of prior written agreements for disposition of frozen embryos. This was also the first court decision to borrow the word "pre-embryo" from bioethics to describe the in vitro embryo. This terminology has been copied by many states.

The court decided a child of in vitro fertilization born with cystic fibrosis does not have the right to sue for wrongful life even in the presence of demonstrable acts of medical negligence because to allow such a case would grant the IVF child rights not possessed by naturally born children. The decision in Paretta has not been publicly tested in other jurisdictions.