Reliance and representations/promises in frozen embryo disputes: UK and Israeli approaches to estoppel

Abstract

Frozen embryo disputes are hard cases since providing the decision over whether or not to become a parent/dispose of the embryo(s) to one gamete provider in the way he/she wishes denies the other an equivalent decision. In response, estoppel, it is argued, can provide a doctrinally robust response due to its flexibility in deeming whether a person relied upon representation(s) or promise(s) made. The exploration of this theme indicates that the gamete provider seeking implantation will often have a stronger case in equity, than via other legal avenues. The different approaches in UK and Israeli law in this context are duly examined.