Lynn_To_Publish_v2

Medical technologies continue to improve at a rapid pace, bringing us ever closer to working near magic; but balancing someone’s rights to autonomous medical decision-making with fetal personhood is an open issue ripe for analysis. As seen in the ongoing story of Adriana Smith and baby Chance, families lack recourse when hospital decision-makers override both the surrogate judgment of the deceased person and the guidance of the state’s Attorney General. This Note explores a novel application of the privacy tort— intrusion into seclusion—as a viable claim for the estate to bring on behalf of people subjected to postmortem gestational donation against their wishes.

PDF: https://journals.law.unc.edu/ncjolt/wp-content/uploads/sites/4/2026/04/Lynn_To_Publish_v2.pdf

Author: Eli Lynn

Volume 27, Issue 4