The Fasanos have DNA testing done, and the tests reveal that Mrs. Fasano is the biological mother of one fetus, but not of the other.

On December 29, fraternal twins are born to Donna and Richard Fasano. As reported in The New York Times the following spring, one baby, like the Fasanos is white. The other, like the Rogerses, is black.

The Rogerses (who by now have been told the identity of the Fasanos) want to know whether one or more of the babies came from their embryos. The Fasanos refuse to respond, prompting the Rogerses to sue for custody.

The Rogerses have DNA testing done. It confirms that they are the biological parents of one of the infants.

In February, 1999 state health officials visit the West 57^th Street clinic of Dr. Lillian Nash, and the nearby clinic of Dr. Dov B. Goldstein. Mrs. Rogers’ embryos had been taken to Dr. Goldstein’s clinic (where Dr. Obasaju also worked as an embryologist) for storage because Dr. Nash did not have a freezer at hers.

Both couples file lawsuits against the clinic physicians and owners (Drs. Nash and Goldstein) for negligence, malpractice, and breach of contract.
 

Questions for Group Discussion:

• From the perspective of your interest group (one of the groups below), what are the legal, social, ethical, and health-related issues that will need to be resolved to settle the case?

The Fasanos, the Rogerses, the health department, the clinic physicians/clinic owners
 

• In your collective opinion, how should the case be settled? Be sure to consider all interest groups in this decision.
• How should these clinics be monitored and regulated to prevent mix-ups like this from happening?
• If the Rogerses were to gain custody of their biological child, would they have to undergo a legal adoption procedure?

• This morning, please discuss what research needs to be done by your interest group (this could include questions from Stage 1), where you anticipate finding the necessary information, and who will research each issue.
• The problem will resume tomorrow with a 20-minute period for interest groups to share and discuss their findings.
• The home groups (original groups from today) will then be reformed to share perspectives. Each home group will now have a representative from each of the interest groups. The home groups will be asked to report out on their "answers" to questions 2-4 above.

On to Stage 3; Back to Stage 1

Comments, suggestions, or requests to ud-itue@udel.edu. "http://www.udel.edu/inst/problems/embryo/stage2.html" Last updated June 19, 1999. Copyright Deborah Allen, Valerie Hans, and Barbara Duch, Univ. of Delaware, 1999.