A woman enlists the assistance of a male friend to donate sperm to fertilize her eggs and enable her to become pregnant

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Provide a legal analysis of both Case Study 1 and Case Study 2.

1. Case Study 1: Provide a legal analysis of the case presented here using the questions below as a guide. Answer in essay format, supporting your answers with evidence and reference to the course materials, relevant literature, and case law. Cite all sources used in your answers, and include a reference list at the end. Each essay should be between 1000 and 1250 words (maximum 5 pages, double-spaced), excluding the cover page and reference list. Use Times Roman, 12-point font, and follow APA style.

A woman enlists the assistance of a male friend to donate sperm to fertilize her eggs and enable her to become pregnant. A number of eggs are fertilized. After several attempts at implantation, the woman becomes pregnant and delivers a healthy child. The biological father seeks access rights to the child, which is contested by the mother. The mother seeks financial support for the child, which is contested by the biological father. The biological father requests that the remaining “pre-embryos,” which are in cryogenic storage at a fertility clinic, be destroyed. The mother takes the position that the embryos belong to her to do with as she chooses, including having them implanted.

1. What are the legal interests and issues at play in this case?
   1. Where would you look to identify whose legal interests take precedence?
   1. Discuss the capacity of Canadian legislation to resolve this dispute.
2. Case Study 2: Provide a legal analysis of the case presented here, using the questions below as a guide. Answer in essay format, supporting your answers with evidence and reference to the course materials, relevant literature, and case law. Cite all sources used in your answers, and include a reference list at the end. Each essay should be between 1000 and 1250 words (maximum 5 pages double-spaced), excluding the cover page and reference list. Use Times Roman, 12-point font, and follow APA style.

An elderly patient, suffering from periodic episodes of dementia following a stroke, is intubated and has a feeding tube. A Public Guardian was appointed for him after his wife refused to consent to a tracheotomy being performed on the patient. The patient’s attending physician believes that, although the patient has suffered neurological damage, he is often oriented and can live indefinitely with breathing and nutritional support. There is a reasonable chance that he will breathe independently if taken off his respirator, although the attending physician is leaving it in place to be cautious. The care team agrees that so long as the patient’s quality of life is stable, the ventilator and feeding tube should remain in place. The Public Guardian and the patient’s wife support this plan. However, whenever the patient appears to be lucid he repeatedly asks to be “permitted to die with dignity,” as is stated (in those words) on a treatment directive that is on his chart. If he can’t be given medication that will hasten his death, he wishes to have his respirator disconnected and, if that doesn’t work, he wishes to have his feeding tube removed.

• Who has the legal authority to make these decisions?
  • What legal risks do the members of the care team face if they follow the patient’s instructions?
  • How can these legal risks be managed?

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