Taryn Bewley

Document Type

Article

Publication Date

7-22-2024

Keywords

reproductive technology, surrogates, embryo, IVF, divorce

Abstract

New reproductive technology has created new questions that lawmakers must answer. Do surrogates have a right to the babies they deliver? Is it right to genetically select your future children? Should people be allowed to continually make embryos until they make an embryo of a girl—as Paris Hilton has done through seven rounds of IVF? Will legal analysis be changed by the possibility of making an embryo with genetic material from two members of the same sex? Yet, perhaps the most basic question has yet to truly be answered: if an embryo’s creators cannot come to an agreement, who gets the embryo? As no clear answer exists across the country to this question, this Comment will propose Arkansas implement a contemporaneous consent approach, requiring both parties to come to mutual agreement before an embryo may be used to attempt to have a child.

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Family Law Commons

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