Embryo : Wrongful Death

A Chicago judge has ruled that a husband and wife will be allowed to proceed with a wrongful death suit against a fertility clinic that allegedly discarded their fertilized egg. This may affect abortion law, stem cell research, genetic testing and a wide range of other issues. The Judge focused on two questions: is a pre-embryo a human being? must it be implanted in its mother's womb to give rise to a wrongful death action? The Court said the terms "fertilization" and "conception" are synonymous under Illinois abortion laws, making a pre-embryo a human being. Miller v. American Infertility Group, No. 02L7394 (Cook County, Ill., Cir. Ct.). February 18, 2005