For instance, the decision of the British Columbia Supreme Court in K.D. v. N.D. demonstrates that one spouse may decide to sign
an embryo disposition agreement that does not reflect his or her wishes.
If donors were unable to contemplate the effects of these agreements or how they might later feel about their decision, then they were not in a position to make enlightened, informed choices regarding
embryo disposition.
In turn,
embryo disposition agreements, much like surrogacy contracts or adoption agreements, seek to restrict or control a woman's ability to reproduce or her choice to carry and / or raise her genetic children, and thus are arguably problematic on grounds of public policy.
Part I argues that enforcing agreements or consent forms does not take into account studies and jurisprudence that call into question whether parties are in a position to make autonomous, informed decisions regarding
embryo disposition prior to undergoing IVF treatment.
However,
embryo disposition agreements nonetheless raise similar issues as domestic contracts, surrogacy contracts, and adoption agreements.
In addition, because a woman's chances of conceiving continue to decrease as she ages, women may feel pressure to undergo IVF as quickly as possible, and may not be willing or feel able to take the time to consider the implications of
an embryo disposition agreement.
It is far from clear, however, that Canadians are in a position to provide free and informed consent regarding
embryo disposition at the time these agreements and consent forms are signed.
This article's analysis contributes to longstanding debates within Canada regarding the merits and problems with allowing spouses to jointly control
embryo disposition and sign consent forms indicating their intentions.
This article contends that given these similarities,
embryo disposition agreements ought not to be treated the same as binding contracts and should be legally unenforceable.
Unlike marriage, cohabitation or separation agreements,
embryo disposition contracts or consent forms do not deal with financial obligations, the distribution of property or custody and access with regard to children.
This would require a difficult assessment of the rights of both parties involved (and potentiallly the rights of the embryo) in deciding who will control
embryo disposition.
She proudly represents the LGBT community, and can assist with matters relating to surrogacy agreements, egg donation agreements, sperm donation agreements, egg - sharing /
embryo disposition agreements, step or second parent adoption, review of agency or fertility clinic agreements, and co-parenting agreements.
Not exact matches
They are, respectively, the Gotrabhumi in which, just as the
embryo carries within itself the potentiality of what it will become, so the future Bodhisattva already exists in potentiality — above all, he is good and without hate — and the Adhimukticaryabhumi, in which the «
dispositions» begin to bear fruit and the «aspirations» begin to sprout.
The problem with this process is that the gamete donors are not always completely aware of all the possible uses, or
dispositions, for the
embryos, which are numerous and include hESC research, donation to other patients, or destruction.
Our judiciary is likely to balance the parties» rights in determining
disposition of non-transferred
embryos with consideration to precedents in the UK, U.S., and EHCR; such influences are likely to favour the party wishing to avoid procreation.
The Court determined that the public policy of Texas would permit a husband and wife to enter voluntarily into an agreement before IVF treatment commences and make provisions for the
disposition of any non-transferred
embryos in the event of contingencies such as divorce, death or changed circumstances.
Moreover, much like surrogacy contracts or pre-birth agreements to relinquish a child for adoption, these contracts may be executed at a time when women do not have sufficient information in order to make free and informed decisions regarding the
disposition of their
embryos.
For instance, in one American study 71 % of couples changed their preference regarding
disposition between the time the
embryos were created and when they were asked to make a final decision.
Twenty years ago, when Canadians were first debating how best to address potential conflicts over frozen
embryos, the government - appointed Royal Commission on New Reproductive Technologies recommended that gamete providers be jointly required to make decisions regarding the
disposition of their
embryos prior to gametes being retrieved or
embryos created, and to indicate their preferences in consent forms that would be binding for the clinic involved.
In turn, judicial decisions from Canada and abroad also suggest that individuals, and especially women, who make decisions regarding their
embryos may be so eager to begin the IVF process that they may not contemplate the potential consequences of the agreements they are signing, or may agree to a
disposition option in order to appease their spouse.