Embryo Project Encyclopedia Articles

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.

Plastination is a technique for preserving tissues, organs, and whole bodies for medical purposes and public display. Gunther von Hagens invented a form of the method in 1977 at Heidelberg University in Heidelberg, Germany after observing medical students struggle working with cadavers that quickly decomposed. Von Hagens' body models, referred to as plastinates, have since become widely used educational tools not only for those studying anatomy and medicine, but also for the general public. The technique has contributed to the fields of medicine, anatomy, and embryology by accurately preserving tissues for use in research and education.

The case of Smith v. Cote (1986) answered two important questions concerning law and childbirth: does the State of New Hampshire recognize a cause of action for what is defined as wrongful birth, and does the State recognize a cause of action for what is classified as wrongful life? In the case of Smith v. Cote, damages were permitted for wrongful birth, but not for the action of wrongful life.

James Marion Sims developed a surgical cure for ruptures of the wall separating the bladder from the vagina during labor, ruptures called vesico-vaginal fistulas, and he developed techniques and tools used to improve reproductive examinations and health care for women in the US during the nineteenth century. Sims's lateral examination position allowed doctors to better see the vaginal cavity, and his speculum, a spoon-like object used for increased view into the vagina, helped to make gynecological examinations more thorough. Sims helped ease the physical and social strains of post-birth women who suffered from vesico-vaginal fistulas, and he established the first hospital in New York City, New York, dedicated solely to treating women and improving women's health care.

In the 1936 case United States v. One Package of Japanese Pessaries, the US Court of Appeals for the Second Circuit in New York City, New York, confirmed that physicians had the right to distribute contraceptives to patients for medical purposes. In January 1933, US Customs confiscated a package of contraceptives imported from Japan by US physician Hannah Stone. They claimed that the package violated section 305 of the Tariff Act of 1930, which, like the 1873 anti-obscenity Comstock Act, granted the US government authority to seize contraceptive materials imported into the country or sent through the mail. The court ruled that US Customs was not justified in confiscating the package and ordered its return to Stone. United States v. One Package exempted physicians from the restrictions surrounding the distribution of contraceptives and contributed to the subsequent dismantling of the Comstock Act in later court cases.

Prenatal Care is an educational booklet written by Mary Mills West of the US Children’s Bureau and published by the US Government Printing Office in 1913. The Bureau distributed West’s booklets in response to their field studies on infant mortality, which found that lack of access to accurate health and hygiene information put women and infants at greater than normal risk of death or disease. In Prenatal Care, West offers advice on nutrition, exercise, and personal hygiene during pregnancy and describes the processes of labor and birth. Soon after publication, women all over the US requested copies of Prenatal Care. Millions of copies of Prenatal Care were distributed nationally between 1921 and 1928 as part of educational programs funded by the Sheppard-Towner Act, and the infant mortality rate declined during that period.

On 26 May 1994, US President Bill Clinton signed the Freedom of Access to Clinic Entrances Act in to law, which federally criminalized acts of obstruction and violence towards reproductive health clinics. The law was a reaction to the increasing violence toward abortion clinics, providers, and patients during the 1990s. That violence included clinic blockades and protests, assaults on physicians and patients, and murders. The Freedom of Access to Clinic Entrances Act established
criminal and civil penalties against people who obstructed or committed violence towards reproductive health clinics, and has supported women's access to safe reproductive healthcare.

Anthony Comstock was a US postal inspector and politician who advocated for the suppression of obscenity and vice throughout the late nineteenth century and early twentieth century. Comstock considered any sexually explicit material like pornography and literature related to birth control and abortion as obscene. In 1873, Comstock lobbied US Congress to pass an anti-obscenity law titled An Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use, also called the Comstock Act. The law penalized individuals for sending material classified as obscene through the US postal services, which Comstock, as a special agent of the United States Post Office, could enforce. Comstock’s role in passing and enforcing the Comstock Act influenced the social and political restriction of birth control, hindering women’s access to contraceptives.

Henry Morgentaler was a physician who performed abortions, acted as a reproductive rights activist, and advocated for legal access to abortions in Canada during the twentieth century. In 1969, he opened his first abortion clinic in Canada and participated in the legal/court case of R v. Morgentaler (1988), which led Canada to decriminalize abortion. Morgentaler helped establish legal access to abortions for women in Canada and advocated for the protection of women's reproductive choices under the law.

In the 1989 case Webster v. Reproductive Health Services, the
US Supreme Court upheld the constitutionality of a Missouri law regulating abortion care. The
Missouri law prohibited the use of public facilities, employees, or
funds to provide abortion counseling or services. The law also placed restrictions on physicians who provided
abortions. A group of physicians affected by the law challenged the
constitutionality of certain sections of it. The US federal district
court that first heard the case ruled many of the challenged sections of
the law unconstitutional. The Missouri attorney general then appealed
the case to an US federal appeals court and eventually to the US Supreme
Court in Washington, D.C. In a five to four decision, the US Supreme
Court overturned the decisions of the lower federal courts, ruling that
it was constitutional to prohibit public funds, facilities, and
employees from providing abortion care. In doing so, the Supreme
Court upheld a state law that limited women’s access to abortions
and established a precedent that states could apply restrictions to
abortion care.