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- NATION, Page 19Whose Lives Are These?
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- A judge sets a pro-life precedent for frozen embryos
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- The dilemma might have stumped even King Solomon: what to
- do with seven fertilized eggs of a divorcing Tennessee couple
- that are frozen at an in-vitro fertilization clinic in
- Knoxville. Mary Sue Davis, 29, is unable to conceive by natural
- means and wants custody of her "pre-born children" for future
- implantation. Junior Davis, 31, claims he is being "raped of my
- reproductive rights" by his estranged wife and insists on having
- a joint say on the future of the embryos. "I do not want a child
- of mine in a single-parent situation," he argued.
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- Last week in Maryville, Tennessee Circuit Court Judge W.
- Dale Young announced his decision in the unprecedented case: the
- embryos are people, not property, and should go to the mother.
- In an opinion loaded with some of the coded language that often
- surrounds abortion controversies, Young ruled that "human life
- begins at conception." The lawsuit ought to be decided as a
- question of custody, he concluded, and "it is to the manifest
- best interests of the child or children, in vitro that they be
- available for implantation." Questions of final custody, child
- support and visitation rights will be decided later if there is
- a birth. Junior Davis immediately announced he would appeal.
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- Many medical and legal experts fear that the ruling, if
- upheld, could slow in-vitro research and intensify the national
- abortion debate. "A bad decision," says Ellen Wright Clayton,
- a specialist in law and pediatrics at Vanderbilt University. The
- judge could simply have weighed the respective interests of each
- spouse, Clayton contends, and decided to award the eggs to Mrs.
- Davis without going on to say when life begins.
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- Young based his ruling on the testimony of Dr. Jerome
- Lejeune, a French specialist in human genetics who testified
- that the seven embryos each have unique characteristics that
- distinguish them as human beings. Three other experts argued
- that the embryos possess only the potential for life. Their
- views echo those of professional groups like the American
- Fertility Society, whose ethical committee in 1986 concluded
- that "the pre-embryo deserves respect greater than that accorded
- to human tissue but not the respect accorded to actual persons."
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- Tennessee was not the only site of an embryo dispute. Last
- week Risa and Steven York of California quietly settled their
- lawsuit against the Virginia institute holding their frozen
- embryo. The institute agreed to release the cells to the Yorks
- for implantation on the West Coast if it would not be held
- responsible for what happens when it surrenders custody.
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- Such controversies underscore the lack of clear rules to
- help resolve many of the ambiguities raised by the decade-old,
- $1 billion in-vitro baby business -- particularly when the
- clinics and couples, like the Davises, fail to set out their
- rights and responsibilities in contracts. "Legislators don't
- want to touch this hot potato," says Boston University Law
- School professor Frances Miller, "so the courts have to deal
- with these issues." With more than 200 conception clinics around
- the country, and 2 million couples seeking their services, the
- judges may get a workout.
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