Private Law Theory

ABSTRACT
Frozen embryo disputes are hard cases since providing the decision over whether or not to become a parent/dispose of the embryo(s) to one gamete provider in the way he/she wishes denies the other an equivalent decision. In response, estoppel, it is argued, can provide a doctrinally robust response due to its flexibility in deeming whether a person relied upon representation(s) or promise(s) made. The exploration of this theme indicates that the gamete provider seeking implantation will often have a stronger case in equity. The different approaches in UK and Israeli law in this context are duly noted.

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Alexander Chrysanthou, Reliance and representations/promises in frozen embryo disputes: UK and Israeli approaches to estoppel, Medical Law International. First Published March 19, 2019. https://doi.org/10.1177/0968533219837672.

First posted 2019-03-20 07:24:06