Texas Wesleyan Law Review


Jodi L. Bender

Document Type



This Comment analyzes the legal status of an embryo in Texas and suggests that Texas should enact laws that will place a frozen embryo in a unique category not as a person, but as a special kind of property deserving of extraordinary respect. Additionally, Texas should develop and enact legislation addressing the issues uniquely related to the disposition of an embryo rather than trying to fit a square peg in a round hole. Part II of this paper looks at a real-life couple facing a difficult decision- choosing the disposition of their frozen embryos. Part III discusses the background and history of embryo adoption. Part IV compares the legal status of embryos in various jurisdictions and the implications upon disposition of frozen embryos. Part V discusses the treatment of embryos by Texas courts and the Texas legislature and the latest attempts to regulate embryo adoption. Part VI suggests that, legally, Texas should continue to treat embryos as a special area of law by enacting legislation to deal with emerging issues such as embryo adoption without trying to use existing laws that apply to the rights of "persons."



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