Moderator:

Senator Donald E. Hines, M.D., Louisiana

Speakers:

Elizabeth Heitman, Ph.D., professor, University of Mississippi Medical Center

Ami S. Jaeger, M.A., J.D., director, Biolaw Group LLC

Sean Tipton, director of public affairs, American Society for Reproductive Medicine

The purpose of the session was to consider some of the ethical and legal issues surrounding appropriate use, storage and disposal of frozen embryos. Some state courts have asked state legislatures for direction on this issue. Although some policymakers feel that the courts are better equipped to address this complex and personal matter, others argue that lawmakers need to take action.

Senator Donald E. Hines opened the discussion by sharing his experience with legislation involving assisted reproductive technologies and frozen embryos in Louisiana. Senator Hines' remarks included a description of enacted legislation that he sponsored. The law in Louisiana declares that any child conceived after the death of a man who provided written authorization to use his gametes is the legitimate child of the deceased as long as the child was born to the surviving spouse within two years of his death.

Sean Tipton, director of public affairs at the American Society of Reproductive Medicine, provided background information about why couples rely on assisted reproductive technologies to become pregnant, how embryos are created as a result of this technology and how professional organizations offer guidance to physicians with regard to the disposition of frozen embryos. Mr. Tipton was joined by Dr. Charles C. Coddington of Denver Health Medical Center, who explained in greater detail the technology behind assisted reproduction.

Ami Jaeger, a reproductive law specialist and director of the BioLaw Group, reviewed selected case law on the disposition of frozen embryos, including Kass v. Kass (New York 1998) and J.B. v. M.B. (New Jersey 2000)-both of which involved divorced couples, and Woodward v. Commissioner of Social Security (Massachusetts 2002)-which concerned the inheritance rights of children conceived after the death of a woman's spouse. Ms. Jaeger also encouraged legislators to think about whether contracts, under which frozen embryos are treated as property, are an appropriate method to address the disposition of frozen embryos.

Elizabeth Heitman, a professor and ethicist at the University of Mississippi Medical Center, addressed some ethical questions raised by the use of assisted reproductive technologies, including concerns about donor identity/anonymity. She also discussed the importance of recognizing the role of societal and cultural norms when thinking about the disposition of frozen embryos.

The panelists interacted with one another and took questions from the audience and the moderator for the remainder of the session. To hear the session in its entirety, please listen to the audio recording.

Listen to the audio webcast of the session provided by Kaisernetwork.org, or order a copy of the tape, please contact First Tape (see below) and ask for Tape C39 (Ethics, Eggs, and Embryos: Regulating Assisted Reproductive Technologies) from NCSL's 2002 Annual Meeting:

First Tape
21 Smith Lane
South Beloit, Illinois 61080

ph: 815-389-1818
fax: 815-389-1418
email: firsttapeinc@aol.com

Session Hand-outs (available upon request):

State Laws and Legislation: Use, Storage and Disposal of Frozen Embryos

American Society of Reproductive Medicine, Reproductive Medicine Primer

Heitman, Elizabeth. "Social and Ethical Aspects of In Vitro Fertilization." International Journal of Technology Assessment in Health Care 15, no. 1 (1999): 22-35.

Jaeger, Ami. "Intent-Based Parentage in Collaborative Reproduction: Putting Children First." Bio-Law Group (June 2002).

Other NCSL Resources:

Genetic Technologies Project

Reproductive Health

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