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TIME: Almanac 1990
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1990 Time Magazine Compact Almanac, The (1991)(Time).iso
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100289
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10028900.019
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1990-09-18
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NATION, Page 19Whose Lives Are These?A judge sets a pro-life precedent for frozen embryos
The dilemma might have stumped even King Solomon: what to do
with seven fertilized eggs of a divorcing Tennessee couple that are
frozen at an in-vitro fertilization clinic in Knoxville. Mary Sue
Davis, 29, is unable to conceive by natural means and wants custody
of her "pre-born children" for future implantation. Junior Davis,
31, claims he is being "raped of my reproductive rights" by his
estranged wife and insists on having a joint say on the future of
the embryos. "I do not want a child of mine in a single-parent
situation," he argued.
Last week in Maryville, Tennessee Circuit Court Judge W. Dale
Young announced his decision in the unprecedented case: the embryos
are people, not property, and should go to the mother. In an
opinion loaded with some of the coded language that often surrounds
abortion controversies, Young ruled that "human life begins at
conception." The lawsuit ought to be decided as a question of
custody, he concluded, and "it is to the manifest best interests
of the child or children, in vitro that they be available for
implantation." Questions of final custody, child support and
visitation rights will be decided later if there is a birth. Junior
Davis immediately announced he would appeal.
Many medical and legal experts fear that the ruling, if upheld,
could slow in-vitro research and intensify the national abortion
debate. "A bad decision," says Ellen Wright Clayton, a specialist
in law and pediatrics at Vanderbilt University. The judge could
simply have weighed the respective interests of each spouse,
Clayton contends, and decided to award the eggs to Mrs. Davis
without going on to say when life begins.
Young based his ruling on the testimony of Dr. Jerome Lejeune,
a French specialist in human genetics who testified that the seven
embryos each have unique characteristics that distinguish them as
human beings. Three other experts argued that the embryos possess
only the potential for life. Their views echo those of professional
groups like the American Fertility Society, whose ethical committee
in 1986 concluded that "the pre-embryo deserves respect greater
than that accorded to human tissue but not the respect accorded to
actual persons."
Tennessee was not the only site of an embryo dispute. Last week
Risa and Steven York of California quietly settled their lawsuit
against the Virginia institute holding their frozen embryo. The
institute agreed to release the cells to the Yorks for implantation
on the West Coast if it would not be held responsible for what
happens when it surrenders custody.
Such controversies underscore the lack of clear rules to help
resolve many of the ambiguities raised by the decade-old, $1
billion in-vitro baby business -- particularly when the clinics and
couples, like the Davises, fail to set out their rights and
responsibilities in contracts. "Legislators don't want to touch
this hot potato," says Boston University Law School professor
Frances Miller, "so the courts have to deal with these issues."
With more than 200 conception clinics around the country, and 2
million couples seeking their services, the judges may get a
workout.