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Justice, Convention and Anecdote: Evans and the Right to Become a Mother

Enright, Máiréad (2006) Justice, Convention and Anecdote: Evans and the Right to Become a Mother. Irish Journal of Family Law, 9 (4). pp. 11-21. ISSN 1393-7073. (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)

Abstract

The Evans decisions are important as the first major European contributions to the growing global legal debate on frozen pre-embryo disputes. They are more important still for what they say about the structure of the Western law of reproduction. In this article, I want to explore this small body of case law, not to present a comprehensive analysis of any country's law on this issue, but to use judicial holdings to divine what I think is the basic structure of Western legal thought on these issues. First, I want to show that the “conflict of rights” model is the basic foundation for the decided pre-embryo cases. There are two variations on that model. In the UK, the Evans decisions suggest an “equality” theory: male and female rights as regards the dispute are absolutely equivalent and, therefore, decisions regarding the pre-embryo must be made on an equal basis — a mutual consent requirement must be adhered to. On the other hand, in America and Israel, the courts have adopted a clear hierarchy of rights as between male and female. Next, I want to suggest that neither of these theories of pre-embryo disputes really “fit” the pre-embryo problem, or indeed really explain decision-making around it. Finally, I will set out my theory of how pre-embryo disputes are best understood. I want to argue that pre-embryo cases show a pattern in the law of reproduction: an attempt to mimic the “natural” order of the reproductive process.

Item Type: Article
Subjects: K Law
K Law > K Law (General)
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Mairead Enright
Date Deposited: 14 Dec 2015 04:27 UTC
Last Modified: 29 May 2019 16:46 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/53332 (The current URI for this page, for reference purposes)
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