Comments on: Embryo No Heir: Court Rules Post-Death Implantation of Embryo Qualifies for Inheritance http://jonathanturley.org/2008/01/15/embryo-no-heir-court-rules-post-death-implantation-of-embryo-qualifies-for-inheritance/ Res ipsa loquitur ("The thing itself speaks") Mon, 23 Nov 2009 20:11:59 +0000 http://wordpress.com/ hourly 1 By: Sperm Donor Takes Case to Supreme Court Seeking Parental Rights « JONATHAN TURLEY http://jonathanturley.org/2008/01/15/embryo-no-heir-court-rules-post-death-implantation-of-embryo-qualifies-for-inheritance/#comment-19463 Sperm Donor Takes Case to Supreme Court Seeking Parental Rights « JONATHAN TURLEY Sat, 02 Aug 2008 09:11:34 +0000 http://jonathanturley.org/2008/01/15/embryo-no-heir-court-rules-post-death-implantation-of-embryo-qualifies-for-inheritance/#comment-19463 [...] slew of these cases raising question over parental rights over surrogates and one-night stands and embryos and non-biological fathers and other sperm [...] [...] slew of these cases raising question over parental rights over surrogates and one-night stands and embryos and non-biological fathers and other sperm [...]

]]> By: Patty C http://jonathanturley.org/2008/01/15/embryo-no-heir-court-rules-post-death-implantation-of-embryo-qualifies-for-inheritance/#comment-6102 Patty C Sun, 27 Jan 2008 00:20:11 +0000 http://jonathanturley.org/2008/01/15/embryo-no-heir-court-rules-post-death-implantation-of-embryo-qualifies-for-inheritance/#comment-6102 "The Court encouraged the legislature to act, with Justice Paul Danielson noting “we can definitively say that the General Assembly … did not intend for the statute to permit a child, created though in vitro fertilization and implanted after the father’s death, to inherit under intestate succession . . . we strongly encourage the General Assembly to revisit the intestacy succession statutes to address the issues involved in the instant case and those that have not but will likely evolve.” I think the mother gets to decide. Clearly, it was their intention to start a family and, unless I miss my guess, time was a factor, as well as the emotional, physical and financial investment in having those specific (potential) children. How can Judge Danielson claim what the statute does not 'definitively' intend, when the reason it does not, specifically, speak to it is that the technology was unknown. This is not some hypothetical at issue. We are talking about a child who is alive and growing up - now. Social Security should pay the benefits while it gets figured out. “The Court encouraged the legislature to act, with Justice Paul Danielson noting “we can definitively say that the General Assembly … did not intend for the statute to permit a child, created though in vitro fertilization and implanted after the father’s death, to inherit under intestate succession . . . we strongly encourage the General Assembly to revisit the intestacy succession statutes to address the issues involved in the instant case and those that have not but will likely evolve.”

I think the mother gets to decide.

Clearly, it was their intention to start a family and, unless I miss my guess, time was a factor, as well as the emotional, physical and financial investment in having those specific (potential) children.

How can Judge Danielson claim what the statute does not ‘definitively’ intend, when the reason it does not, specifically, speak to it is that the technology was unknown.

This is not some hypothetical at issue. We are talking about a child who is alive and growing up – now.

Social Security should pay the benefits while it gets figured out.

]]> By: New Jersey Court Order Man to Pay Child Support Even If He is Not True Father « JONATHAN TURLEY http://jonathanturley.org/2008/01/15/embryo-no-heir-court-rules-post-death-implantation-of-embryo-qualifies-for-inheritance/#comment-6097 New Jersey Court Order Man to Pay Child Support Even If He is Not True Father « JONATHAN TURLEY Sat, 26 Jan 2008 13:51:24 +0000 http://jonathanturley.org/2008/01/15/embryo-no-heir-court-rules-post-death-implantation-of-embryo-qualifies-for-inheritance/#comment-6097 [...] have seen a spate of such cases over custody and support involving frozen embryos (here) and sperm donors [...] [...] have seen a spate of such cases over custody and support involving frozen embryos (here) and sperm donors [...]

]]> By: MMJ http://jonathanturley.org/2008/01/15/embryo-no-heir-court-rules-post-death-implantation-of-embryo-qualifies-for-inheritance/#comment-5929 MMJ Thu, 17 Jan 2008 22:40:58 +0000 http://jonathanturley.org/2008/01/15/embryo-no-heir-court-rules-post-death-implantation-of-embryo-qualifies-for-inheritance/#comment-5929 If the law changes in a favorable way for the Wade III, would it be possible for him, when he is 18 to sue on his own behalf for benefits? If the law changes in a favorable way for the Wade III, would it be possible for him, when he is 18 to sue on his own behalf for benefits?

]]> By: Jay http://jonathanturley.org/2008/01/15/embryo-no-heir-court-rules-post-death-implantation-of-embryo-qualifies-for-inheritance/#comment-5849 Jay Tue, 15 Jan 2008 23:20:55 +0000 http://jonathanturley.org/2008/01/15/embryo-no-heir-court-rules-post-death-implantation-of-embryo-qualifies-for-inheritance/#comment-5849 These issues are fascinating. Thanks for posting. When we talk about the law not keeping up with science in reproductive issues, it really makes major decisions by the Supreme Court in the past, especially ones concerning abortion, look less informed. These issues are fascinating. Thanks for posting. When we talk about the law not keeping up with science in reproductive issues, it really makes major decisions by the Supreme Court in the past, especially ones concerning abortion, look less informed.

]]>