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19 J. Juv. L. 357 (1998)
Where is Biotechnology Taking the Law - An Overview of Assisted Reproductive Technology, Research on Frozen Embryos and Human Cloning

handle is hein.journals/jjuvl19 and id is 367 raw text is: WHERE IS BIOTECHNOLOGY TAKING THE LAW? AN OVERVIEW OF ASSISTED REPRODUCTIVE TECHNOLOGY, RESEARCH ON FROZEN EMBRYOS AND HUMAN CLONING I. INTRODUCTION The strong desire of infertile couples to have their own biological children has led to rapid advancement in reproductive biotechnology. Along with this advancement has come a plethora of new legal and ethical issues. Many of the legal issues presented by new reproductive biotechnologies are still unaddressed but must ultimately be faced by courts and legislatures in the near future. This Note is an overview of the direction in which reproductive biotechnology is taking the law and will cover the technological and legal history, as well as legal is- sues resulting from the freezing of embryos, conducting of research on frozen embryos, and cloning. In addition, this Note will discuss the newest innovation in freezing eggs as a possible alternative to freezing embryos, in order to circumvent some of the legal issues presented by the freezing of embryos. II. BACKGROUND On July 25, 1978, Louise Brown, the world's first successful test tube baby, was born.1 Louise was conceived through an assisted re- productive technology (ART)2 known as In Vitro Fertilization (IVF) developed in Great Britain.3 IVF is a procedure whereby eggs are 1. Meena Lal, The Role of the Federal Government In Assisted Reproductive Tech- nologies, 13 SANTA CLARA COMPUTER & HIGH TECH. L.J. 517, 520 (May, 1997). 2. The United States Code, Title 42, section 263a-7, defines assisted reproductive technology as all treatments or procedures which include the handling of human oocytes or embryos, including in vitro fertilization, gamete intrafallopian transfer, zygote intrafal- lopian transfer, and such other specific technologies as the Secretary may include in this definition, after making public any proposed definition in such manner as to facilitate com- ment from any person (including any Federal or other public agency). U.S.C.A. Title 42, § 263(a)(7)(West 1997). (Assisted reproductive technology is a general term used for vari- ous methods developed to help infertile couples to conceive children. Lee Kuo, Lessons Learned From Great Britain's Human Fertilization and Embryology Act: Should the United States Regulate the Fate of Unused Frozen Embryos?, 19 Lov. L. A. INT'L & CoMP. L.J. 1027, 1027 (May, 1997)). 3. Lal, supra note 1, at 520. (The term in vitro is Latin, meaning in glass. There- fore, in vitro fertilization is literally fertilization in glass. Id.)

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