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76 Vand. L. Rev. 1521 (2023)
Mixed-Up Origins: The Case for a Gestational Presumption in Embryo Mix-ups

handle is hein.journals/vanlr76 and id is 1557 raw text is: NOTES Mixed-Up Origins: The Case for a Gestational Presumption in Embryo Mix-Ups Embryo mix-ups-instances in which fertility clinics mistakenly implant one couple with another couple's embryo confound courts' determinations of who, between the two couples, are the legal parents. Lax regulation of the fertility industry permitted this relatively new injury to develop, and it has led to morally and legally fraught questions of parenthood and personal autonomy. This Note reviews parentage doctrines, beginning with a discussion of the martial presumption; it also tracks how courts have traditionally responded to parentage questions that fertility medicine has generated, including embryo division in divorce and parentage in surrogacy contracts. It then analyzes potential approaches to resolving parentage disputes in embryo mix-ups and outlines how each approach either comports with or contradicts other parentage doctrines. Finally, this Note proposes that in cases of embryo mix-ups, courts should adopt a presumption that the gestational parents are the legal parents. This solution both avoids legally endorsing nonconsensual surrogacy and incentivizes greater clinic accountability for these grave mistakes. INTRODUCTION.............................................................................. 1522 I. FROM MARITAL PRESUMPTIONS TO EMBRYO MIX-UPS ...... 1526 A. The Marital Presumption: Genetics Just Aren't Enough ........................................................ 1526 B. Legislative Response: Recommendations, not Requirements ................................................... 1529 C. ART-istic Approaches: Judicial Response to Assisted Reproductive Technology ..................... 1531 D. Mixing and Matching: Adjudicating Parenthood in Embryo Mix-Ups ............................ 1535 1521

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