Reference no: EM133068176

Preserving Procreative Potential with a SmART Prenuptial Agreement is an article that talks about what should happen with an embryo that has been frozen from two individuals' reproduction systems. The article outlines the history of prenups and gives a scientific explanation of what an embryo is. It also includes how the courts have determined an embryo is not considered a child, but that your genetic DNA is considered "property". It concludes how the outcome is determined if the couple decides to no longer use the DNA or the embryos and who gets to determine the disposal. Thus creating a prenuptial agreement on this specific circumstance.

The issue is presented in this case is who would be allowed to be in charge of the embryos if the couple had come to a disagreement or a divorce. Before they take a woman's fertile eggs and fertilize them, a form must be signed determining who would have the rights in case of a disagreement. Based on that form, the individual who has the right determines what happens even if the other is in a disagreement. With having a prenuptial agreement, more detailed specifics can be included instead of having such a vague one-page form.

In my opinion, I do believe a prenuptial agreement should be put in place outlining details in case there was to be a disagreement. Especially if a woman is now older and no longer has good eggs to reproduce. Since this tends to be a big burden on women, to not be able to reproduce, knowing you have your eggs preserved as a backup is a comforting feeling. Now if the man no longer wants to partake, especially since men can reproduce for a longer period than women, it should be clearly outlined that if he wishes to not partake the woman accepts these responsibilities on her own. It is a sensitive subject for most which I am impartial to both sides. Just as women can decide to no longer accept the pregnancy, which is her right, a man should not be held responsible for not wanting the pregnancy either. In this specific case, the woman is completely accepting and taking the procedure on her own and shall take that responsibility on her own if they are no longer wanting to stay in the relationship.

How this relates to our class material is around the realm of contracts. A prenup is a contract that both parties are willingly signing prior to any decisions. Although there is always a loophole and many courts who will conduct trials for such matters, it is a black and white contract that outlines the end results due to specific circumstances.