CRIM 406 Lecture Notes - Lecture 9: Social Security, Genetic Testing, Assisted Reproductive Technology

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Use of science to create children whose parents were unable to create children through traditional methods: sperm donation, in vitro fertilization, egg donation, surrogacy. Assumption with sexual intercourse law assumes that donor"s intent was pregnancy whether it was intended or not. Without sexual intercourse, we look at preconception intent of the donor: sperm donation, egg donation, gestational labor donation. Many couples and individuals chose to create and store sperm, eggs, and embryos for future use. Who wins: nj trial court rules contract was valid. Baby to sterns: whitehead appealed: appellate court ruled contract was illegal and unenforceable; remanded for custody determination, trial court granted custody to william stern and visitation with mary beth. Surrogacy: outlawed in some states, permitted in others (va allows per statute passed 1991, often without genetic connection as in baby m, rarely litigated. Sperm donors: we no longer need sexual intercourse to create a child, we no longer need a relationship, we need a checklist.

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