Divorced couple take their fight over frozen embryos to Colorado Supreme Court image

ABC News, January 10, 2018
Andrew Fies, quoting I. Glenn Cohen (Faculty Director)

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From the story:

What happens when the parents who created frozen embryos go to war with each other over whether to procreate with them or destroy them?

That's the battle now being waged before the Colorado Supreme Court by the now-divorced Mandy and Drake Rooks. While disputes over custody of frozen embryos are not new -- the high-profile case involving actress Sofia Vergara, for example, garnered significant attention -- such cases are usually decided on common law grounds or on the merits of agreements between the parents signed before they separated.

The Rooks case is different because it frames the dispute in constitutional terms: Does the right to procreate trump the right not to? "For the first time," says Harvard law Professor Glenn Cohen, there’s a chance "we’ll actually get a ruling about what the US constitution means or doesn’t mean in this context."

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Quotes from this story also appear in:

Theofanis Michailidis, "Colorado Supreme Court to Decide Fate of Frozen Embryos after Divorce," BioNews, January 15, 2018

bioethics biotechnology health law policy human tissue i. glenn cohen judicial opinions reproductive rights reproductive technologies