WHY THE LEGAL CLASSIFICATION OF CRYOGENICALLY PRESERVED PRE-EMBRYOS MATTER

Author: Tara Carlin

The rapid growth of assisted reproductive technology (ART) has created an increase in the number of pre-embryos that exist in the world outside of the female body. With the numerical increase in pre-embryos in existence, comes the question of how to legally classify these pre- embryos and what the effects of possible classification will have on existing areas of law. Should they continue to be treated as property? Should we apply the same principles as embryos that are implanted in a women’s body? Do we give them the legal status of a person or child? These questions are complex and can be sensitive as they are often explored through both a legal and moral lens.

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