Indiana Law Journal

Document Type


Publication Date

Winter 2020

Publication Citation

95 Indiana Law Journal 299 (2020)


In this Note, Part I examines the three main approaches used in other state supreme court decisions to decide pre-embryo disposition disputes, as well as three perspectives on the legal status of the pre-embryo, and compares them with Arizona’s emerging law. Part II summarizes Arizona’s Torres trial court order and opinion and section 318.03. Part III then analyzes whether the Torres orders and Arizona’s new statutory “most likely to lead to birth standard”12 present constitutional issues and concludes that the trial court’s order, if reinstated by the Arizona Supreme Court, and section 318.03 can be challenged on substantive due process and equal protection grounds. Finally, this Note concludes that, because the initial Torres ruling and section 318.03 create significant legal and policy concerns, in addition to constitutional concerns, patients considering IVF in Arizona should be very cautious.