Reply to IVF embryo error, custody settlement

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[quote=Anonymous][quote=Anonymous]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.[/quote]

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. 
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