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.

Gunther von Hagens invented a plastination technique and created Body Worlds, a traveling exhibit that has made anatomy part of the public domain. Von Hagens invented the plastination technique in 1977 while working at Heidelberg University in Heidelberg, Germany. Von Hagen's plastination technique preserves real bodies and tissues by the removal of the fluid and replacement with resin. Body Worlds features three-dimensional, plastinated human bodies. As of 2012, the exhibition has given greater than 32 million people worldwide the opportunity to peer inside the human body, something previously available mostly to those in the medical field. Von Hagens and Body Worlds have educated the public and professionals by displaying diseased and healthy specimens. They have contributed to embryology through its displays of human pregnancy, embryos, and fetuses.

Frederik Ruysch's cabinet of curiosities, commonly referred to simply as the Cabinet, was a museum Ruysch created in the Netherlands in the late 160ss. The Cabinet filled a series of small houses that Ruysch rented in Amsterdam and contained over 2,000 specimens, including preserved fetuses and infants. The collection remained in Amsterdam until it was purchased by Tsar Peter the Great of Russia in 1717 and transferred to St. Petersburg, Russia. Similar to Gunther von Hagens' twenty-first century Body Worlds exhibition, which presents bodies preserved through plastination, the Cabinet was open to both medical professionals and laypeople. The pieces in the Cabinet were life-like and aesthetically pleasing, making them valuable education tools for prenatal and infant anatomy as well as an effective way of garnering public interest in anatomy.

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.

The Uniform Anatomical Gift Act (UAGA or the Act) was passed in the US in 1968 and has since been revised in 1987 and in 2006. The Act sets a regulatory framework for the donation of organs, tissues, and other human body parts in the US. The UAGA helps regulate body donations to science, medicine, and education. The Act has been consulted in discussions about abortion , fetal tissue transplants , and Body Worlds , an anatomy exhibition. The 1968 UAGA set a legislative precedent for the donation of fetal organs and tissues and has been in the background of many debates regarding abortion and fetal tissue research.

Body Worlds is an exhibition featuring plastinates, human bodies that have been preserved using a plastination process. First displayed in 1995 in Tokyo, Japan, this collection of anatomical specimens has since been displayed around the world. Although the exhibition debuted in Japan, the idea for the displays began at Heidelberg University in Heidelberg, Germany, where anatomist Gunther von Hagens invented a technique for plastination in the 1970s. After years of research and small-scale presentations of his work, von Hagens created Body Worlds, or Korperwelten in German. The attraction, which has been viewed by greater than 25 million people, has spread the study of anatomy into the public realm, making it possible for many to see inside an actual human body. Body Worlds has shown plastinated human embryos and fetuses.

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.

In the case York v. Jones (1989), the United States District Court for the Eastern District of Virginia was one of the first US courts to address a dispute over a cryopreserved preembryo. Steven York and Risa Adler-York (the Yorks), a married couple, provided their gametes to doctors who created the preembryo, which the court referred to as a pre-zygote, as part of an in vitro fertilization (IVF) program at the Howard and Georgeanna Jones Institute for Reproductive Medicine (Jones Institute) in Norfolk, Virginia. The couple sued when the doctors at the Jones Institute refused to release the preembryo to the Yorks for use at a different IVF clinic. The Virginia district court denied the Jones Institute's attempt to have the York v. Jones case dismissed, and instead upheld the Yorks' right to move forward with their lawsuit. The York v. Jones decision had important implications for future disputes over cryopreserved preembryos because it treated the Yorks' cryopreserved preembryo as legal property over which the Yorks retained decision-making authority.