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The Rights to Pre-Embryos Upon Divorce

While courts have failed to recognize a property interest in a person's body parts or tissue, they have, through recent litigation, attempted to answer the question whether to classify pre-embryos ' a particular configuration of human cells, which are created during a marriage ' as marital property.

40 minute read December 18, 2009 at 10:45 AM
By
Stephanie F. Lehman
The Rights to Pre-Embryos Upon Divorce

In Batista v. Batista, N.Y.L.J. 2/24/09 (Nassau Cty. 2009), a Supreme Court, Nassau County, NY, matrimonial case that gained national attention, Court Attorney-Referee A. Jeffrey Grob (“Referee Grob”) denied the defendant's, Dr.

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