Kass v. Kass

Miller, J. P. (dissenting).

To be or not to be a parent? In this case of first impression at the appellate level in New York, two potential parents seek two different dispositions of fertilized ova they created. No longer married, the ex-wife nevertheless continues to seek motherhood by implantation of the ova, while the ex-husband seeks their destruction in order to avoid unwanted parenthood following the parties’ divorce. The legal, emotional, and ethical nightmare resulting demonstrates the clear need for legislation mandating that in vitro fertilization clinics require the execution of a…