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- July 2, 1984LAWQuickening Debate over Life on Ice
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- Do orphaned embryos have legal rights?
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- Sitting in a stainless-steel vat of liquid nitrogen at Queen
- Victoria Medical Center in Melbourne, chilled to a crisp -- 320
- degrees F, are 200 glass tubes, each holding a microscopic
- embryo. Just two to eight cells in size, they are babies in
- waiting, life on ice, kept for possible use by participants in
- the hospital's in-vitro fertilization (IVF) program. Last week
- hospital officials were stunned to learn that two of their
- charges could be heirs to a million-dollar fortune. The news
- set armchair ethicists around the world abuzz and forced
- Australian policy-makers to ponder an area of the law that is
- indeed embryonic.
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- The unsettled estate -- and the frozen assets -- was that of
- Mario and Elsa Rios, a Los Angeles couple who made a fortune in
- real estate. In 1978, after Elsa's ten-year-old daughter by a
- previous marriage accidentally shot herself, the disconsolate
- couple sought to have another child. Unable to conceive by
- natural means, they turned, in 1981, to Melbourne's pioneering
- IVF program. Because Rios, then 54, was infertile, doctors used
- sperm from an anonymous donor to fertilize a number of eggs
- taken from his 37-year-old wife. Several were implanted, and two
- spares were frozen for use in case the pregnancy failed. As it
- happened, Elsa Rios miscarried, but she decided to postpone any
- further attempts until she felt "emotionally ready."
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- In April 1983, the couple died in a plane crash in Chile,
- leaving no wills. Under California law, Michael Rios, Mario's
- son by an earlier marriage, is entitled to his father's share
- of the estate. Elsa's share goes to her 65-year-old mother.
- The discovery of the embryos has, however, raised a number of
- questions. Do they, for example, have any rights of
- inheritance? To whom do they belong, and who has jurisdiction
- over their fate? Most basic of all, do they have a right to
- life?
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- This last question in particular has created a furor.
- Protestant churches have argued that the eggs should not be
- artificially maintained, but thawed and allowed to die
- naturally. Australian right-to-life groups, the Roman Catholic
- Church and some Orthodox Jewish leaders have protested that this
- would violate the sanctity of life. Instead, they believe the
- cells should be implanted in volunteer surrogate mothers.
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- That idea is fraught with problems, not the least of which are
- medical. According to Dr. Carl Wood, head of Queen Victoria's
- IVF unit, freezing techniques used in 1981 were rudimentary, and
- the Rios embryos are probably no longer viable. Moreover, many
- legal experts say that once the embryos are implanted, they lose
- any semblance of a claim to the Rios estate. Says Victoria Law
- Institute Spokesman Chris Wray: "A donor embryo does not belong
- to the donors of the genetic material but to the parents to whom
- the child is ultimately born."
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- "The whole matter of embryos' rights is new territory," says
- George Annas, professor of legal medicine at Boston University.
- "There are no statutes on the books here or in Australia."
- Experts in both countries have suggested that the wishes of the
- parents should be paramount in determining the fate of leftover
- zygotes, and that these wishes should be put in writing.
- Unfortunately, it is too late for the Rioses to do so. Baffled
- officials at Queen Victoria hospital are therefore looking for
- guidance from a committee appointed in 1982 by the state of
- Victoria to study legal questions raised by IVF technology. The
- committee's report is due within two months, and with the
- embryos' fate hanging in the balance, its conclusions are no
- longer a matter of abstract theorizing.
-
- --By Claudia Wallis. Reported by Deborah Kaplan/Los Angeles
- and Ann Westmore/Melbourne
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