Cases Flashcards
Which case dealt with the storage of sperm due to chemotherapy and what was the outcome and issue of the case
Yearworth v Bristol and the issue was whether they could claim ownership of the sperm and it was held that they could own it because it was for use in the future and it came from them.
what happened in Re Cresswell and what was the outcome of the case?
Cresswell and Davies were in a relationship and Davies died from suicide. Cresswell wanted to take possession over his sperm and the question was whether his sperm could be property. The courts held here that where there is a removal of sperm from an individual and the relevant skill and action has been applied to remove the sperm and to perserve the sperm then there is property in the sperm. In order to have rigths of possession the person ought to use skill and work to the human tissue.
what does the medical therapy act provide for?
It provides for anyone over the age of 18 that is not mentally incapaciated may give all or part of his body
What happened in Reber V Reiss
It was to do with a divorce action where the custody of the frozen embryos was contested. The courts had to take into consideration the agreements mutual consent. There was no letter of disposition signed and so the courts gave it to the mother since she could no longer reproduce biologically.
What happend in Perry Rogers v Fasano
Here in this case it involved a mix-up of the embryos and one was inserted to the wrong woman who gave birth to twins, one of which was her child. She ceded the other child to the genetic parents and the genetic parents sued to end visitation rights it was further held that if they sued for the child custody they would have won because they are the intentional parents.
what happened in ACB v Thomson
In this case the investigations confirmed that the appellats eggs were fertiised with a sperm of not her husbands but of an indian donors sperm. She claimed upkeep costs of sending the child abroad to Germay for school, outfits, normal costs of living, for costs in relation to her menta distress and her situtation and for costs in relation to any defective diseases from the indians sperms genes.
What was the decision in ACB v Thomson
The upkeep costs of raising a child would be akin to recognizing that the upkeeping of a child is a liability that goes against the conventional view that it is good. The obligation to maintain one’s child is an obligation at the heart of parenthood and cannot be legally cognizable head of loss. to recognize the upkeep claim would be fundamentally inconsistent wit the nature of the parent-child relationship. The courts awarded a sum due to the appellants situtation
