The University of Southampton
University of Southampton Institutional Repository

The role of reproductive effort in the resolution of frozen embryo disputes: an analysis of equity, property and rights in this context

The role of reproductive effort in the resolution of frozen embryo disputes: an analysis of equity, property and rights in this context
The role of reproductive effort in the resolution of frozen embryo disputes: an analysis of equity, property and rights in this context
Frozen embryo disputes have been described as cases requiring the ‘wisdom of Solomon’ due to the difficulty in assessing the potentially competing interests of gamete providers following IVF treatment and the breakdown of their relationship. A legal framework modelled on ‘reproductive effort’ could inform how authority over the disposition decisions of frozen embryo(s) should be allocated in such disputes. This thesis considers how ‘reproductive effort’ could be applied under three different areas of law by which frozen embryo disputes have previously been settled, namely: estoppel, property law and a rights-based regime. A specific application of ‘reproductive effort’ in all three of these areas of law highlights the importance of the investment made by the female partner which, it is argued, in most circumstances, should grant her decisional authority over the disposition of any existing embryo(s). Whichever legal model is employed, it can be tailored (by regulation, statute or by application in case law) to more adequately recognise the gendered role ‘reproductive effort’ plays in IVF.
University of Southampton
Chrysanthou, Alexander
e4b7177f-b9bd-43ac-b76c-9cc01997097a
Chrysanthou, Alexander
e4b7177f-b9bd-43ac-b76c-9cc01997097a
Biggs, Hazel
d0d08de6-6cae-4679-964c-eac653d7722b

Chrysanthou, Alexander (2017) The role of reproductive effort in the resolution of frozen embryo disputes: an analysis of equity, property and rights in this context. University of Southampton, Doctoral Thesis, 279pp.

Record type: Thesis (Doctoral)

Abstract

Frozen embryo disputes have been described as cases requiring the ‘wisdom of Solomon’ due to the difficulty in assessing the potentially competing interests of gamete providers following IVF treatment and the breakdown of their relationship. A legal framework modelled on ‘reproductive effort’ could inform how authority over the disposition decisions of frozen embryo(s) should be allocated in such disputes. This thesis considers how ‘reproductive effort’ could be applied under three different areas of law by which frozen embryo disputes have previously been settled, namely: estoppel, property law and a rights-based regime. A specific application of ‘reproductive effort’ in all three of these areas of law highlights the importance of the investment made by the female partner which, it is argued, in most circumstances, should grant her decisional authority over the disposition of any existing embryo(s). Whichever legal model is employed, it can be tailored (by regulation, statute or by application in case law) to more adequately recognise the gendered role ‘reproductive effort’ plays in IVF.

Text
Final submission of thesis - Version of Record
Available under License University of Southampton Thesis Licence.
Download (2MB)

More information

Published date: July 2017

Identifiers

Local EPrints ID: 422191
URI: https://eprints.soton.ac.uk/id/eprint/422191
PURE UUID: ab5ed6c7-4fbe-49da-b39e-f16e5306a5dc

Catalogue record

Date deposited: 18 Jul 2018 16:31
Last modified: 30 Jul 2019 04:01

Export record

Contributors

Author: Alexander Chrysanthou
Thesis advisor: Hazel Biggs

University divisions

Download statistics

Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.

View more statistics

Atom RSS 1.0 RSS 2.0

Contact ePrints Soton: eprints@soton.ac.uk

ePrints Soton supports OAI 2.0 with a base URL of https://eprints.soton.ac.uk/cgi/oai2

This repository has been built using EPrints software, developed at the University of Southampton, but available to everyone to use.

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we will assume that you are happy to receive cookies on the University of Southampton website.

×