IVF embryo error, custody settlement

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The laws around IVF need to be updated for situations like this where an embryo is accidentally or negligently implanted in the wrong body. Embryos should legally belong to the genetic owners unless they willingly consent to giving up custody. People should not be doubly punished by the negligence of medical professionals and its clear from this case that couples dealing with infertility can have "baby colored glasses" that blind them to the ethics and morality of not taking another person's embryo even if it was an accident that was not their fault. A protracted legal battle leads to a de facto loss for the genetic parents in this case even if they technically "win." Custody of IVF embryos before and after birth should be de facto the property of the genetic parents unless they willingly and knowingly give up custody.

Otherwise there will definitely be an increase in these kinds of "accidents" after allowing the outcome in this case. Modern law needs to catch up quick.

US case law appears to give custody to the genetic parents in the very rare and unusual situations where someone receives another couple’s embryo. It does seem that the genetic parents here had a good chance of being awarded custody had they chosen to pursue that path.

Every state will not grant custody to genetic parents. This is not a case of a mistaken identity at hospital and both sets of parents going home with the wrong baby. You cannot just switch embryos.

What happens if the egg and sperm was switched instead of the whole embryo?

Could genetic parents sue for wrongful death if the gestational mom finds out early enough and chooses to terminate?

Or genetic parents suing because the gestational mom was drinking and baby has fas?

How will the genetic parents pursue custody if the gestational parents move to another state frequently enough and change addresses. Or even move abroad?

Can you cite case law in a US state where the genetic parents were not awarded custody in a case of a different set of parents’ embryo being implanted? The cases cited in the article linked earlier in this thread resulted in the babies being returned to the genetic parents.

https://www.casemine.com/judgement/us/5914793eadd7b049343f4153

Mildly different. Single mother by choice was implanted with the wrong embryo. Birth mother and genetic father both awarded custody. Genetic mother denied custody.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The laws around IVF need to be updated for situations like this where an embryo is accidentally or negligently implanted in the wrong body. Embryos should legally belong to the genetic owners unless they willingly consent to giving up custody. People should not be doubly punished by the negligence of medical professionals and its clear from this case that couples dealing with infertility can have "baby colored glasses" that blind them to the ethics and morality of not taking another person's embryo even if it was an accident that was not their fault. A protracted legal battle leads to a de facto loss for the genetic parents in this case even if they technically "win." Custody of IVF embryos before and after birth should be de facto the property of the genetic parents unless they willingly and knowingly give up custody.

Otherwise there will definitely be an increase in these kinds of "accidents" after allowing the outcome in this case. Modern law needs to catch up quick.

US case law appears to give custody to the genetic parents in the very rare and unusual situations where someone receives another couple’s embryo. It does seem that the genetic parents here had a good chance of being awarded custody had they chosen to pursue that path.

Every state will not grant custody to genetic parents. This is not a case of a mistaken identity at hospital and both sets of parents going home with the wrong baby. You cannot just switch embryos.

What happens if the egg and sperm was switched instead of the whole embryo?

Could genetic parents sue for wrongful death if the gestational mom finds out early enough and chooses to terminate?

Or genetic parents suing because the gestational mom was drinking and baby has fas?

How will the genetic parents pursue custody if the gestational parents move to another state frequently enough and change addresses. Or even move abroad?

Can you cite case law in a US state where the genetic parents were not awarded custody in a case of a different set of parents’ embryo being implanted? The cases cited in the article linked earlier in this thread resulted in the babies being returned to the genetic parents.

https://www.casemine.com/judgement/us/5914793eadd7b049343f4153

Mildly different. Single mother by choice was implanted with the wrong embryo. Birth mother and genetic father both awarded custody. Genetic mother denied custody.

There was no known genetic mother in this case. The birth mother retained primary custody and genetic father received visitation.

[Anonymous]

There have been other cases too, but the parents were told ahead of time before birth and they chose to terminate.

That must have been very difficult for the woman who was very happy to finally be pregnant to deal with.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The laws around IVF need to be updated for situations like this where an embryo is accidentally or negligently implanted in the wrong body. Embryos should legally belong to the genetic owners unless they willingly consent to giving up custody. People should not be doubly punished by the negligence of medical professionals and its clear from this case that couples dealing with infertility can have "baby colored glasses" that blind them to the ethics and morality of not taking another person's embryo even if it was an accident that was not their fault. A protracted legal battle leads to a de facto loss for the genetic parents in this case even if they technically "win." Custody of IVF embryos before and after birth should be de facto the property of the genetic parents unless they willingly and knowingly give up custody.

Otherwise there will definitely be an increase in these kinds of "accidents" after allowing the outcome in this case. Modern law needs to catch up quick.

US case law appears to give custody to the genetic parents in the very rare and unusual situations where someone receives another couple’s embryo. It does seem that the genetic parents here had a good chance of being awarded custody had they chosen to pursue that path.

Every state will not grant custody to genetic parents. This is not a case of a mistaken identity at hospital and both sets of parents going home with the wrong baby. You cannot just switch embryos.

What happens if the egg and sperm was switched instead of the whole embryo?

Could genetic parents sue for wrongful death if the gestational mom finds out early enough and chooses to terminate?

Or genetic parents suing because the gestational mom was drinking and baby has fas?

How will the genetic parents pursue custody if the gestational parents move to another state frequently enough and change addresses. Or even move abroad?

Can you cite case law in a US state where the genetic parents were not awarded custody in a case of a different set of parents’ embryo being implanted? The cases cited in the article linked earlier in this thread resulted in the babies being returned to the genetic parents.

https://www.casemine.com/judgement/us/5914793eadd7b049343f4153

Mildly different. Single mother by choice was implanted with the wrong embryo. Birth mother and genetic father both awarded custody. Genetic mother denied custody.

There was no known genetic mother in this case. The birth mother retained primary custody and genetic father received visitation.

This case is very different because the egg used to create the embryo was from an anonymous donor. The mother who carried the baby was the only identified mother in the case and the genetic father was granted rights as the father. Also different because the genetic father was not seeking custody but only visitation.

[Anonymous]

Anonymous wrote:There have been other cases too, but the parents were told ahead of time before birth and they chose to terminate.

That must have been very difficult for the woman who was very happy to finally be pregnant to deal with.

Hypothetically, would genetic parents of an embryo have a cause of action against someone who is mistakenly implanted with their embryo and then chooses to abort?

[Anonymous]

Anonymous wrote:

Anonymous wrote:There have been other cases too, but the parents were told ahead of time before birth and they chose to terminate.

That must have been very difficult for the woman who was very happy to finally be pregnant to deal with.

Hypothetically, would genetic parents of an embryo have a cause of action against someone who is mistakenly implanted with their embryo and then chooses to abort?

A lot of people in this thread to seem believe that should be the case.

[Anonymous]

Anonymous wrote:

Anonymous wrote:There have been other cases too, but the parents were told ahead of time before birth and they chose to terminate.

That must have been very difficult for the woman who was very happy to finally be pregnant to deal with.

Hypothetically, would genetic parents of an embryo have a cause of action against someone who is mistakenly implanted with their embryo and then chooses to abort?

With the prolife lunatics and Trumps America anything is possible

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:There have been other cases too, but the parents were told ahead of time before birth and they chose to terminate.

That must have been very difficult for the woman who was very happy to finally be pregnant to deal with.

Hypothetically, would genetic parents of an embryo have a cause of action against someone who is mistakenly implanted with their embryo and then chooses to abort?

A lot of people in this thread to seem believe that should be the case.

So moral of the story: Ask the bio parents permission to adopt the embryo. If they refuse, have an abortion.

Or would that be blackmail?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:There have been other cases too, but the parents were told ahead of time before birth and they chose to terminate.

That must have been very difficult for the woman who was very happy to finally be pregnant to deal with.

Hypothetically, would genetic parents of an embryo have a cause of action against someone who is mistakenly implanted with their embryo and then chooses to abort?

A lot of people in this thread to seem believe that should be the case.

So moral of the story: Ask the bio parents permission to adopt the embryo. If they refuse, have an abortion.

Or would that be blackmail?

Abortion not very likely in Florida.