Misappropriation of Human Eggs and Embryos and the Tort of Conversion: A Relational View

Abstract

Based on an analysis of the Irvine fertility scandal and other fertility cases, this article recommends that a conversion claim should be available to those whose genetic material has been misappropriated in fertility treatment. The proposed remedy would be based on classifying human embryos as neither persons nor property but as quasi-property.

Keywords: Conversion, human reproduction, eggs, semen, embryo, zygote, gamete, ovum, pre-embryo, sperm, cells, fertility clinic, infertility, Irvine fertility scandal, quasi-property, property, cells, relational, conversion, IVF, in vitro, fertilization, Moore v. Regents of the University of California

JEL Classification: K10