Are we done here then? I still had some unanswered questions (blue bold).
It's been an interesting discussion.
So do please forgive me for being so long. Chaos did not stop after the holidays.
--Except that according to any current laws I'm aware of, she'd still have rights to that embryo in incubation. Or wouldnt she?
She would have as much right to the ZEF as the father. If she gives up her rights, but can later reclaim them, as you noted below, then he also has that same right, or should.
--Can the man terminate that incubation? Can she?
Under the premises given, in order for the ZEF to be terminated both parents would have to sign off on it. So if for whatever reason the father goes through the trouble of keeping the ZEF, then later decides to terminate it, under the premise that she can reclaim her rights, she would have another chance to decide if she wants it or not.
--Can she decide right before 'birth' that she does indeed want to keep it? Currently women can do that, change their mind after birth to not give it up for adoption *even after the adoptive parents have paid all her expenses during pregnancy.*
I don't see why not, as long as the man also has the right to exert his rights to the child as well. And that applies to current day as well. This idea that the man gives up all rights and responsibilities after "donating his sperm" is ridiculous. Right now the only thing that overrides his rights is her sovereignty over her body.
Now at this point I do want to note that, as someone noted, the idea that a fertilized zygote that is placed in frozen storage is hers and hers alone is wrong. The woman people made that together, so they hold equal rights to the ZEF. Now there are obvious exceptions. Such as if he or she is paid for their donation of egg or sperm to be used for other couples or individual who are looking for such thinks. I'm not sure if egg banks are as much as a thing as sperm banks, but the principle remains the same for both.
And if you object to application of current laws, then please present alternatives that would be legally plausible within the Constitution.
When it comes to medical privacy, it is not an absolute. We currently have laws that require medical personnel of various fields to violate that privacy for those things we feel are proper. Now I will grant that even under the premises given, we run a fine line. That said, if the idea is that the ZEF is property until it comes to term and then becomes a person, then failure to inform the father of the termination should result in similar legal repercussions as if she destroyed any other jointly owned property.
As we have gone through this discussion, and as I have thought about it over the hiatus, there would have to be changes to how we view the rights of the father and the laws that would apply. Right now we have the overriding right of the woman's bodily sovereignty. The right does indeed go to the point of choosing which procedure she undergoes, which is why I set the premise of only one procedure to accomplish both goals. As technology and knowledge advances, we have to adjust how that affect rights and how they interact. At one point conditions such as homosexuality and transgenderism were viewed as mental illnesses, and we felt right in overriding an individual's rights in order to "cure" them. Our knowledge has since expanded, and we now have reconfigured how we see those rights and apply the law to them.