holding that a mutual change of mind is not required and that agreements entered into at the time of IVF will be enforced “subject to the right of either party to change his or her mind about disposition up to the point of use or destruction of any stored [embryos]”
How later courts described this case
- holding that a mutual change of mind is not required and that agreements entered into at the time of IVF will be enforced “subject to the right of either party to change his or her mind about disposition up to the point of use or destruction of any stored [embryos]”
- agreeing the party wishing to avoid procreation should ordinarily prevail, but “express[ing] no opinion in respect of a case in which a party who has become infertile seeks use of stored [embryos] against the wishes of his or her partner, noting only that the possibility of adoption also may be a consideration, among others, in the court’s assessment”
- expressing “no opinion in respect of a case in which a party who has become infertile seeks use of stored preembryos against the wishes of his or her partner, noting only that the possibility of adoption also may be a consideration, among others, in the court’s assessment”
- resolving issue in favor of party seeking to destroy pre-embryos to avoid procreating despite the other party’s desire to donate the pre-embryos consistent with his religious convictions that the pre-embryos must be protected as human life
Written by the judges who cited it.
The opinion
ZAZZALI, J.,
concurring.
I join in the Court’s opinion, except as noted by Justice Verniero’s concurring opinion, which I also join. I write separately to note that these difficult disputes all too often prompt dire predictions. And yet, most assuredly, developing technologies will give rise to many more such controversies in the future. The resolution of those controversies depends on the amount of caution, compassion, and common sense we summon up as we balance the competing interests. The significance of those interests underscores the need for continued careful and deliberate decisionmaking, infused with equity, in this developing jurisprudence.
For Affirmance as Modified Chief Justice PORITZ and Justices STEIN, COLEMAN, LONG, VERNIERO, LaVECCHIA, ZAZZALI — 7.
Opposed — None.