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Kass v. Kass - Significance, Embryo Custody, Embryos As Property, Impact, Further Readings

court york appellant justices


Maureen Kass


Steven Kass

Appellant's Claim

That five stored, frozen human embryos be granted to the woman who donated the eggs so she might fulfill her constitutional right to have children.

Chief Lawyers for Appellant

Vincent F. Stempel, Lisa Ann Spero

Chief Lawyer for Appellee

Linda T. Armatti-Epstein

Justices for the Court

Joseph W. Bellacosa, Carmen Beauchamp Ciparick, Judith S. Kaye (writing for the court), Howard Levine, George Bundy Smith, Vito J. Titone, Richard C. Wesley

Justices Dissenting



Albany, New York, New York State Court of Appeals

Date of Decision

7 May 1998


A previous agreement signed by the two parties donating the embryos to an "in vitro fertilization" research program held precedence over other claims.

Related Cases

  • Skinner v. Oklahoma, 316 U.S. 535 (1942).
  • Roe v. Wade, 410 U.S. 113 (1973).
  • York v. Jones, 717 F. Supp. 421 (E.D. Va.) (1989).
  • Davis v. Davis, 842 S.W. 2d 588 (1992).
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