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- <text id=89TT0835>
- <title>
- Mar. 27, 1989: Future Shock
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1989
- Mar. 27, 1989 Is Anything Safe?
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- NATION, Page 42
- Future Shock
- </hdr><body>
- <p>A fight brews in Tennessee for custody of fertilized eggs
- </p>
- <p> Given the growing popularity of in-vitro fertilization, it
- was just a matter of time before a case like this one arose.
- During nine years of marriage, Junior Davis, 30, and his wife
- Mary Sue, 28, tried repeatedly and unsuccessfully to have a
- child. That experience led the couple six years ago to a
- fertility clinic in Knoxville, where eggs taken from Mrs. Davis
- were fertilized in a laboratory with her husband's semen.
- </p>
- <p> Several unsuccessful attempts to implant them in her uterus
- followed. Meanwhile the marriage disintegrated. Last month,
- when the couple began divorce proceedings, seven of the
- fertilized eggs remained in cold storage at Knoxville's Fort
- Sanders Regional Medical Center. Now a custody battle is shaping
- up that may make the Baby M. case look simple by comparison: a
- court in Blount County, Tenn., must decide who gets the eggs.
- </p>
- <p> Mrs. Davis says the eggs are "potential life" that she may
- want to use herself or donate to another woman. Her husband
- maintains they are "property jointly owned" and asserts that he
- does not want to be forced into fatherhood. Her lawyer, J.G.
- Christenberry, says that even when a relationship falls apart
- after a couple has conceived, the father does not have a right
- to halt the pregnancy.
- </p>
- <p> Though there is only about a 15% chance that an implanted
- egg will result in childbirth, in-vitro techniques have been
- responsible for more than 5,000 births in the U.S. since 1978.
- The Davis case is the first battle for possession of the eggs.
- Legal experts have been warning that couples who enter fertility
- programs should draw up agreements dictating the fate of such
- eggs should there be a death or divorce. Says Ellen Wright
- Clayton, assistant professor of law and pediatrics at Vanderbilt
- University: "Fertilized eggs are going to give rise to a whole
- new set of legal issues."
- </p>
- <p> Despite his wife's pledge not to seek child support in the
- event that she gives birth, Davis, a refrigeration-maintenance
- engineer, would remain legally liable for such support. His
- lawyer, Charles Clifford, says that Davis "cannot envision ever
- agreeing to letting Mrs. Davis have the eggs implanted into her,
- or donated to a third party." Adds Clifford: "He was hoping that
- it was just going to be a simple no-fault divorce."
- </p>
-
- </body></article>
- </text>
-
-