Hastings Science and Technology Law Journal


Padmini Cheruvu


Three-parent in vitro fertilization (“IVF”) is a controversial procedure that offers the possibility of preventing the inheritance of genetically caused mitochondrial disease, sparing future generations from a range of incapacitating conditions. Due to the use of a controversial form of cloning technology, the procedure is currently banned in both the United Kingdom and the United States. If the procedure was to be made legal in the United States, it is unclear how the states would legally view the donor parent. This note argues that the rights that donor parents in three-parent IVF procedures receive will most likely parallel the rights afforded to surrogate parents. It then proposes ways to change existing law or incorporate three-parent IVF into the existing law using current surrogacy law as a model.