Who has the Custody over the Fertilized Egg in Vitro?

Abstract

The issue of fertilized egg in vitro has been the object of controversy in the American courts. Some courts have recognized its right to future life while others have ruled that it was no more than pre-embryo and hence lacking the potential for actual life and the right to future life. The debate became more intense when this fertilized oven was stored in a private laboratory during the marital life followed by the divorce and a dispute between spouses over the future of this oven. In this regard, the American courts concluded to the common custody of the former spouses over this stored egg. At the same time, it endorsed the right to refuse the procreation specially in the case of the former husband invoking his right not to have children.