Conceiving a Feminist Legal Approach to Frozen Embryos: Exploring the Limitations of Canadian Responses to Disposition Disputes and Donor Anonymity

This thesis advances a feminist critique of Canadian legal responses to disputes over frozen in vitro embryos and embryo donor anonymity. It argues that current laws that provide spouses or partners with joint control over the use and disposition of embryos created from their genetic materials, that mandate the creation of agreements setting out these parties intentions in the event of a disagreement or divorce and that protect donor anonymity without providing mechanisms to allow donors, recipients and donor offspring to voluntarily exchange information do not adequately account for the lived experiences of women who undergo in vitro fertilization treatment or who serve as embryo donors. This thesis provides recommendations for how Canadian laws and policies might better support the express objectives and intentions of Canadian federal and provincial statutes to protect the rights, interests and health of women who seek to build their families through assisted reproductive technologies.MAS