"Embryos on Ice: Issues with Estate Law and Assisted Reproduction in a " by Nicole Pomerantz
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University of Florida Journal of Law & Public Policy

Abstract

Will you have to share your property interests with an embryo in a petri dish? This Note explores the complex legal landscape surrounding the estate interests of cryopreserved embryos in the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. The piece delves into the implications of recognizing embryos as legal persons with rights, particularly in the context of estate law, where the classification of embryos can significantly impact property distribution, class-closing rules, and the application of the Rule Against Perpetuities. By examining case law, statutes, and the potential consequences of states adopting the Dobbs interpretation of life beginning at conception, this Note underscores the urgent need for clear legal standards and thoughtful consideration of trust and estate issues related to assisted reproductive technology.

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