Illinois Court Declares that Destruction of Frozen Embryos not Wrongful Death

On Friday, the Illinois Court of Appeals ruled that couples cannot sue for wrongful death when their embryos have been destroyed by a fertility clinic. Whether or not the destruction was intentional or accidental, the court of appeals stated that the laws do not extend to the preservation of embryos outside of the womb.

This could be a huge ruling in the field of reproductive law and embryo disposition cases in the United States because this court would not compare an embryo to a fetus when considering wrongful death. Hopefully, with this ruling the court will have a concise opinion that solidifies their ruling for the rest of the United States’ courts to use when hearing these types of cases.

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