Embryo Project Encyclopedia Articles

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.

The Human Genome Project (HGP) was an international scientific effort to sequence the entire human genome, that is, to produce a map of the base pairs of DNA in the human chromosomes, most of which do not vary among individuals. The HGP started in the US in 1990 as a public effort and included scientists and laboratories located in France, Germany, Japan, China, and the United Kingdom. Scientists hypothesized that mapping and sequencing the human genome would facilitate better theories of human development, the genetic causes and predispositions for a number of diseases, and individualized medicine. The HGP, alongside the private effort taken up by the company Celera Genomics, released a working draft of the human genome in 2001 and a complete sequence in 2003. The history of the HGP ripples beyond biomedical science and technology into the social, economic, and political.

Clomiphene citrate, more commonly known by its brand names Clomid and Serophene, is a medication prescribed to women to stimulate ovulation in order to treat infertility. It stimulates ovulation in women who do not ovulate or ovulate irregularly. This drug was created by Dr. Frank Palopoli in 1956 while he worked for Merrell Company. It first successfully induced ovulation in women in 1961 and was approved by the Federal and Drug Administration (FDA) in 1967. This medication can be used to help women conceive naturally, to time ovulation for intrauterine insemination, or to stimulate the maturation of eggs to be extracted and used in procedures such as in vitro fertilization (IVF), gamete intrafallopian transfer (GIFT), and zygote intrafallopian transfer (ZIFT).

Assisted reproductive technologies (ART) are a collection of different techniques designed to help those who are infertile achieve a successful pregnancy. The most popular technology currently in use is in vitro fertilization (IVF), but others include gamete intrafallopian transfer (GIFT), zygote intrafallopian transfer (ZIFT), intrauterine insemination (IUI), and intracytoplasmic sperm injection (ICSI). Although not encompassed under the umbrella term of ART, there are also various hormonal medications that can induce ovulation such as clomiphene citrate that can either be used alone to help women conceive, or used in conjunction with the above techniques. Infertility is a problem that has affected people throughout history, but it was only in the last half of the twentieth century that medical research developed technologies to help those who are infertile become pregnant.

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.

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.

Zygote intrafallopian transfer (ZIFT) is an assisted reproductive technology (ART) first used in 1986 to help those who are infertile conceive a child. ZIFT is a hybrid technique derived from a combination of in vitro fertilization (IVF) and gamete intrafallopian transfer (GIFT) procedures. Despite a relatively high success rate close to that of IVF, it is not as common as its parent procedures due to its costs and more invasive techniques. Some patients prefer ZIFT, however, considering it more natural because the fertilized oocyte, the zygote, is placed in the woman's body for implantation much sooner than with IVF.