Commutative Justice Commutative Justice

Commutative justice can be regarded as an issue of concern when it comes to embryo adoption. In Marietta`s article, the issue of commutative justice comes in handy when one couple donate embryos to another couple. The donation of the embryos was done under the embryo adoption agreement. The contractual agreement between the two couples forms the basis of commutative justice in the adoption of the embryos. Commutative justice in the article is also based on the fact that a couple has the mandate to ask for unthawed embryos to be returned to them, provided it is within the duration of one year since the frozen embryos were donated. As such, it can be argued that the couple who donated the frozen embryos has the mandate to ask for them (Chian & Quinn, 2010).
With regard to the just interpretation of the contract between the two parties, values enshrined in the United States constitution have an immense role to play. This emanates from the fact that based on the Embryo Adoption Agreement frozen embryos should be protected the same way as unborn children. In addition, there was an agreement that the couple who benefitted from the embryos donated had to implant the embryos after they were thawed. To a great extent, the couple that received the embryos can be considered to be entitled to the unborn children since they adopted all the four frozen embryos. In this regard, therefore, it can be argued that they should be allowed to remain in custody of the embryos. On the contrary, the donors (Lambert`s) can reclaim the embryos since thawing has not taken place. Based on the values of society, embryos should be accorded the respect they deserve. Therefore, the two couples should reach at an amicable solution to the disagreement and decide on the fate of the frozen embryos in a manner that will not harm either party (Marietta, 2010).
References
Chian, R.-C., & Quinn, P. (2010). Fertility cryopreservation. Cambridge: Cambridge University Press.
Marietta, C. S. (2010). Frozen Embryo Litigation Spotlights Pressing Questions: What is the Legal Status of an Embryo and Can It Be Adopted? Retrieved From:
http://www.law.uh.edu/healthlaw/perspectives/2010/marietta-embryolegal.pdf

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