Test Tube Babies and the Law

Bridget M. Fuselier (Associate Professor of Law, Baylor Law School) recently published her article entitled Pre-embryos in Probate:  Property, Person, or Something Else, 24 Prob. & Prop. 31 (Sept./Oct. 2010).  The conclusion is below:

Although no current system works in the context of the pre-embryo, establishing a modified tenancy by the entirety would do the best job of addressing potential problems to come. Step 1: Extend the tenancy by the entirety form of concurrent ownership outside of the marriage context solely for the pre-embryo. Step 2: Use the already present non-unilateral transfer of the preembryos during life and deny partition as a remedy to the tenants by the entirety. Step 3: Ensure the nonseverability of the survivorship component. Step 4: Prevent the pre-embryos from being classified as “property” under probate code definitions so that there can be no transfer of the pre-embryos on the death of the survivor. Although destruction of the pre-embryos may seem to be a harsh result, it is a much more workable and humane decision than the potential science-fiction soap operas that could otherwise occur.