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TIME: Almanac 1995
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<text id=89TT0835>
<title>
Mar. 27, 1989: Future Shock
</title>
<history>
TIME--The Weekly Newsmagazine--1989
Mar. 27, 1989 Is Anything Safe?
</history>
<article>
<source>Time Magazine</source>
<hdr>
NATION, Page 42
Future Shock
</hdr><body>
<p>A fight brews in Tennessee for custody of fertilized eggs
</p>
<p> Given the growing popularity of in-vitro fertilization, it
was just a matter of time before a case like this one arose.
During nine years of marriage, Junior Davis, 30, and his wife
Mary Sue, 28, tried repeatedly and unsuccessfully to have a
child. That experience led the couple six years ago to a
fertility clinic in Knoxville, where eggs taken from Mrs. Davis
were fertilized in a laboratory with her husband's semen.
</p>
<p> Several unsuccessful attempts to implant them in her uterus
followed. Meanwhile the marriage disintegrated. Last month,
when the couple began divorce proceedings, seven of the
fertilized eggs remained in cold storage at Knoxville's Fort
Sanders Regional Medical Center. Now a custody battle is shaping
up that may make the Baby M. case look simple by comparison: a
court in Blount County, Tenn., must decide who gets the eggs.
</p>
<p> Mrs. Davis says the eggs are "potential life" that she may
want to use herself or donate to another woman. Her husband
maintains they are "property jointly owned" and asserts that he
does not want to be forced into fatherhood. Her lawyer, J.G.
Christenberry, says that even when a relationship falls apart
after a couple has conceived, the father does not have a right
to halt the pregnancy.
</p>
<p> Though there is only about a 15% chance that an implanted
egg will result in childbirth, in-vitro techniques have been
responsible for more than 5,000 births in the U.S. since 1978.
The Davis case is the first battle for possession of the eggs.
Legal experts have been warning that couples who enter fertility
programs should draw up agreements dictating the fate of such
eggs should there be a death or divorce. Says Ellen Wright
Clayton, assistant professor of law and pediatrics at Vanderbilt
University: "Fertilized eggs are going to give rise to a whole
new set of legal issues."
</p>
<p> Despite his wife's pledge not to seek child support in the
event that she gives birth, Davis, a refrigeration-maintenance
engineer, would remain legally liable for such support. His
lawyer, Charles Clifford, says that Davis "cannot envision ever
agreeing to letting Mrs. Davis have the eggs implanted into her,
or donated to a third party." Adds Clifford: "He was hoping that
it was just going to be a simple no-fault divorce."
</p>
</body></article>
</text>