Bias within the law regarding IVF and reproductive autonomy: A case analysis of Davis v. Davis and Kass v. Kass

Abstract

In this paper, I investigate the correlation between women who seek out using IVF and the way this is examined in the court of law. My research presented focuses on three themes related to IVF: the moral debate, laws and regulations, and ageism. While my own study conducted does not necessarily focus on all three of my topics, my literature review does. The study I conducted using further library research and grounded theory that seek to deconstruct two vital court cases that dispute IVF, Davis v. Davis and Kass v. Kass. I used case briefs and coding to reach my conclusions and outline my procedure for each case. My initial research led me to conclusive findings which indicated a gap in the research conducted thus far regarding IVF. In order to fill this gap, I analyzed the two cases detecting various themes throughout that linked them to the regulations of women’s bodies and the preference for the male’s perspective and emotions in court cases where pre-embryos may be involved. As my library research demonstrated, society's pressure to have families with one’s own genetic makeup, or to avoid doing so in the fear that that potential child may not have access to one of their donors is a leading influencer in IVF cases. The morality that surrounds both abortion and IVF court cases is based in bias and preference for male privilege, as discovered in my study's outcomes and results. The overall purpose of the study practiced was to add to the conversation around women’s reproductive rights and how these may be protected or unprotected by laws in relation to IVF and divorce cases. The trends found in the study advance the research around this particular topic and allows for the conversation to broaden beyond the narrow scope of research done previously.