jenn_smithson
replied on April 12th, 2007
Active User, very eHealthy
Re: Did Courts Make Right Decision?
| PurestGreen wrote: |
http://news.bbc.co.uk/1/hi/health/65
30295.stm
I know this is not strictly about abortion per se but I think the issue is a similar one to that of abortion. The embryos have already been created - and with the man's consent - but at his word the embryos are going to be destroyed and this woman will never be able to have a child of her own. |
No, he withdrew his consent for them to be used. The UK law is very clear that both partners must give their consent for the embryo's to be used. He has the right to deny consent and he probably has a good reason for doing so that was not covered in a short news piece.
In the us where the law is more vague and uncertain, embryo's are treated like property and when a relationship ends, one of the partners is granted ownership. Even if the other partner is infertile and desperately wants a child, the partner who retains ownership has the final say in what happens to those embryo's.
It's heart wrenching that this woman cannot have biological children of her own. I do sympathize with her on this difficult situation. But the law is very clear and when you have competing interests in a case like this, not everyone can come out of it happy and satisfied. If they had broken the law or even changed it by giving her the embryo's, there is no guarantee that they would have even implanted and then the rights of this man under the uk law would have been completely trampled.
It was a hard decision for the courts to make but I do feel they made the only one that they could make. The laws, at least in the uk, are interested in supporting the human rights of .actual people, meaning the man and woman in this situation. The law is very clear that consent must be given by each party to use the embryo's and for whatever reason, this man denied his consent. His rights were respected just as the woman's rights were respected.
| Quote: |
| Is this right? A man has no legal say in whether a woman has a termination so should he have a say in a case such as this? |
Yes, because unlike an established pregnancy where the woman's body, which only she owns, is already being used, the embyros are not a part of of anyone's body, thus they are specialized community property. I think the uk has a very responsible and reasonable law in place for these situations and they made the best decision under the law that they could.
| Quote: |
| Is is morally wrong to create embryos and then destroy them without giving them the chance for life? |
This is a separate argument from the legal argument. Legally, the best decision was reached. I don't think it is necessarily wrong to create embryos and then destroy them since that is what occurs a vast majority of the time. Of the embryo's that are created for fertility treatments like ivf, only a very small minority are actually implanted. Most are destroyed.
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