Over 600,000 frozen embryos are stored in the United States, some of which are subject to embryo adoption agreements that transfer embryos from one party to another for implantation. These agreements have led to legal disputes about the legal status of embryos and whether they can be adopted. One such dispute, McLaughlin v. Lambert, is described in an article that discusses issues of commutative justice related to embryo adoption contracts and how principles of broader social contracts may influence the interpretation of specific contracts.

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SOC 331 Week 4 DQ 1 Commutative Justice and Embryo
Adoption
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In Chapter 4 of the textbook, the author examines commutative
justice as arising from contractualrelationships – a specific
contract among particular parties or a broader social contract on
which a community or nation is based. He also discusses how
the interpretation or enforceability of a specific contract may be
influenced by the principles and values that are part of the
broader social contract.
At the end of 2012, more than 600,000 frozen embryos are being
maintained in cryopreservation storage facilities in the United
States. Some of them are the subject of agreements in which one
party transfers one or more embryos to another party for
implantation. Such agreements may be called “Embryo
Adoption Agreements,” although there is controversy over the
use of the term adoptionsince the legal status of an embryo is
different from that of a living child. In recent years, there have
been a number of legal disputes arising from these agreements.
Cynthia Marietta describes one of these disputes, McLaughlin v.
Lambert, in her article, Frozen embryo litigation spotlights
pressing questions: What is the legal status of an embryo and
can it be adopted?
First, carefully read this article. Then, in your initial post,
analyze the issues of commutative justice in this case, and apply
the principles discussed by both Marietta and the textbook (see

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Section 4.4). Be sure to consider whether values that are part of
the broader social contract (e.g., the U.S. Constitution) may
influence how the specific contract between the two couples in
this case should be interpreted justly. Consider this case from
both sides of the dispute as well as from the perspective of
society’s interest in the status of frozen embryos.
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