Session 04.2 Science and Health
Tracks
Track 2: Room LG18
Monday, July 28, 2025 |
4:00 PM - 5:30 PM |
LG18 - The David Li Kwok Po Lecture Theatre |
Overview
Individual papers
Chair: The Right Honourable Lady Justice King DBE, Judge of the Court of Appeal of England and Wales
Science and the Law
Dame Julie Maxton, The Royal Society, UK
Contraception and Abortion: Is It the Right of a Child?
Professor Robin Fretwell Wilson, University of Illinois, USA
The State, The Family, and The Individual: Reproductive Rights and the Individual's Rights
Molshree Sharma, Arnoux Sharma Standeford, Llc, USA
Speaker
The Rt. Hon. Dame Eleanor King
Chair: Science and Health
Biography
Lady Justice King was called to the Bar at Inner Temple in 1979. She was appointed as a QC (now KC) in 1999. She was made a Bencher of Inner Temple in 2008.
In 2008, Lady Justice King was appointed to the High Court within the Family Division and was the Family Division Liaison Judge, firstly to the Northern Circuit and then the Midland Circuit from 2010 to 2014.
In October 2014, she was appointed as a Lady Justice of Appeal.
In July 2020, she was appointed Chair of the Judicial College.
Dame Julie Maxton
Executive Director
The Royal Society
Science and the Law
4:00 PM - 4:30 PMAbstract
The Royal Society’s Science and Law programme was established in 2014 to bring together scientists and members of the judiciary to discuss and debate key areas of common interest. The purpose of the programme is to ensure that the best scientific guidance is available to the courts.
This paper will describe the successful approaches used by the programme to facilitate dialogue between the scientific and judicial communities.
Core projects within the programme include:
• Primers for the courts: Designed to assist the judiciary when handling scientific evidence in the courtroom, each primer describes a scientific topic relevant to the courts, highlighting its limitations and the challenges associated with its application in a judicial context. Primers are written by scientific experts in the relevant field and peer reviewed by both scientists and legal practitioners.
• Seminars: Senior judges and academics gather to discuss scientific topics that are anticipated to underpin an increasing number of cases in the coming years.
• Continuing professional development: Training for Circuit Judges and Recorders as part of the Judicial College criminal and family training prospectus.
• International collaboration: A series of international conferences in partnership with the US National Academies of Sciences, Engineering and Medicine review emerging areas of science and compare how different jurisdictions manage scientific evidence.
This paper will provide examples of best practice in bringing together scientific and judicial communities to support the protection of children’s rights.
This paper will describe the successful approaches used by the programme to facilitate dialogue between the scientific and judicial communities.
Core projects within the programme include:
• Primers for the courts: Designed to assist the judiciary when handling scientific evidence in the courtroom, each primer describes a scientific topic relevant to the courts, highlighting its limitations and the challenges associated with its application in a judicial context. Primers are written by scientific experts in the relevant field and peer reviewed by both scientists and legal practitioners.
• Seminars: Senior judges and academics gather to discuss scientific topics that are anticipated to underpin an increasing number of cases in the coming years.
• Continuing professional development: Training for Circuit Judges and Recorders as part of the Judicial College criminal and family training prospectus.
• International collaboration: A series of international conferences in partnership with the US National Academies of Sciences, Engineering and Medicine review emerging areas of science and compare how different jurisdictions manage scientific evidence.
This paper will provide examples of best practice in bringing together scientific and judicial communities to support the protection of children’s rights.
Biography
Dame Julie Maxton is the Executive Director of the Royal Society. She is an Honorary Fellow of University College Oxford, a Bencher of the Middle Temple and a Freeman of the Goldsmith’s Company. She is Chair of the Ada Lovelace Institute and of the Kalisher Trust.
Originally trained as a barrister, Julie has combined a career as a practising lawyer with that of an academic, holding numerous senior academic positions, including those of Deputy Vice Chancellor, Professor and Dean of the Faculty of Law at the University of Auckland, New Zealand and Registrar at the University of Oxford.
Professor Robin Fretwell Wilson
Mildred Van Voorhis Jones Chair In Law
University Of Illinois College Of Law
Contraception and Abortion: Is It the Right of a Child?
4:30 PM - 5:00 PMAbstract
The United States is wildly divided on access to contraception and abortion. Following the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization that overruled Roe v. Wade and returned the regulation of abortion to the states, congress has considered new federal legislation that would guarantee access for all persons to contraception. Under federal law, “individual” means everyone — children and adults.
The Right to Contraception Act, a bill before the U.S. Senate, would establish a minor’s right to access contraception, even though 24 states give parents some say in contraception for their children, and the Supreme Court has long recognized the “interest of parents in the care, custody, and control of their children.”
Of the 24 states that give parents some say in contraception, some allow minors to consent if a doctor makes a referral. Some make exceptions from the normal parental-consent rule for married minors, when a minor is already pregnant, or when a minor is already a parent. Some make special allowances for mature minors, high school graduates, or those referred by clergy. These laws have served the people of these states well by striking a balance between minors' autonomy and privacy and their parents' rights.
The Right to Contraception Act would also displace laws in thirty-six states requiring parental notification or consent to abortion. This is so because the Act encompasses emergency contraceptives, which sometimes act as abortifacients. This presentation will examine whether Contraception and Abortion: Is It the Right of a Child?
Special attention will be given to the variation between state laws and in particular access for minors to abortion in instances of incest and rape. We can learn something from the variability of these state laws about securing the rights of children while respecting the constitutional obligation to involve parents.
The Right to Contraception Act, a bill before the U.S. Senate, would establish a minor’s right to access contraception, even though 24 states give parents some say in contraception for their children, and the Supreme Court has long recognized the “interest of parents in the care, custody, and control of their children.”
Of the 24 states that give parents some say in contraception, some allow minors to consent if a doctor makes a referral. Some make exceptions from the normal parental-consent rule for married minors, when a minor is already pregnant, or when a minor is already a parent. Some make special allowances for mature minors, high school graduates, or those referred by clergy. These laws have served the people of these states well by striking a balance between minors' autonomy and privacy and their parents' rights.
The Right to Contraception Act would also displace laws in thirty-six states requiring parental notification or consent to abortion. This is so because the Act encompasses emergency contraceptives, which sometimes act as abortifacients. This presentation will examine whether Contraception and Abortion: Is It the Right of a Child?
Special attention will be given to the variation between state laws and in particular access for minors to abortion in instances of incest and rape. We can learn something from the variability of these state laws about securing the rights of children while respecting the constitutional obligation to involve parents.
Biography
Robin Fretwell Wilson is the Mildred Van Voorhis Jones Chair in Law at the University of Illinois College of Law. Professor Wilson co-directs the College of Law’s Epstein Health Law and Policy Program and co-directs and founded its Family Law and Policy Program. She specializes in family law and health law, and her research and teaching interests also include biomedical ethics, law and religion, children and violence, and law and science.
Professor Wilson leads the Abortion Exceptions and Misconceptions Initiative at the University of Illinois College of Law with the student team comprised of Madelyn Bird, Michael Cerota, Saraf Choudhury, Daniel Donovan, Alexandra Frisch, Joshua Livingston, Anxhela Ndrio, Mai Nguyen, Sara Jane Peal, April Platt, Jafrin Pritha, Shreyas Shastri, and Riley Uremovic.
Ms. Molshree Sharma
Partner
Arnoux Sharma Standeford, Llc
The State, The Family, and The Individual: Reproductive Rights and the Individual's Rights
5:00 PM - 5:30 PMAbstract
Since 1984, Assistive Reproductive Technology has served as a vital tool for couples and individuals facing infertility.
The increase in Assistive Reproductive Technology shines a light on the lack of uniformity in resolving disputes in the field of embryo cryopreservation. Legislation has been unable to keep the pace with rapidly advancing technology. The lack of uniformity in resolving disputes in the field of embryo cryopreservation gives rise to legal issues such as the right to procreate, the right to parent, and the legal interests of an embryo.
The paper will discuss the four approaches utilized in the United States amidst disputes over the legal treatment of embryos: the Pure Contract Approach, the Balancing Test Approach, the Contemporaneous Consent Approach, and the Statutory Approach. Additionally, the paper will compare international approaches such as the United Kingdom, Ireland, Canada, Isreal in which courts look to the agreements and intent of the parties.
Finally, the paper will discuss special considerations in the United States arising from recent case law. The impact of the Supreme Court’s decision to reverse the constitutionally protected right to abortion in Dobbs v. Jackson Women’s Health has extended to additional disputes regarding unused embryos. While embryos are not currently considered legal persons, some states are taking action to protect embryos. Louisiana has enacted legislation declaring an embryo a “biological human being.” In LePage v. Center for Reproductive Medicine, the Alabama Supreme Court held embryos are protected under the Wrongful Death of a Minor Act.
In conclusion, this proposed paper will highlight the approaches taken worldwide to balance the interest of the individual and the family in embryo cryopreservation, the consequences of a lack of uniform approach, and the future of protections for cryopreserved embryos.
The increase in Assistive Reproductive Technology shines a light on the lack of uniformity in resolving disputes in the field of embryo cryopreservation. Legislation has been unable to keep the pace with rapidly advancing technology. The lack of uniformity in resolving disputes in the field of embryo cryopreservation gives rise to legal issues such as the right to procreate, the right to parent, and the legal interests of an embryo.
The paper will discuss the four approaches utilized in the United States amidst disputes over the legal treatment of embryos: the Pure Contract Approach, the Balancing Test Approach, the Contemporaneous Consent Approach, and the Statutory Approach. Additionally, the paper will compare international approaches such as the United Kingdom, Ireland, Canada, Isreal in which courts look to the agreements and intent of the parties.
Finally, the paper will discuss special considerations in the United States arising from recent case law. The impact of the Supreme Court’s decision to reverse the constitutionally protected right to abortion in Dobbs v. Jackson Women’s Health has extended to additional disputes regarding unused embryos. While embryos are not currently considered legal persons, some states are taking action to protect embryos. Louisiana has enacted legislation declaring an embryo a “biological human being.” In LePage v. Center for Reproductive Medicine, the Alabama Supreme Court held embryos are protected under the Wrongful Death of a Minor Act.
In conclusion, this proposed paper will highlight the approaches taken worldwide to balance the interest of the individual and the family in embryo cryopreservation, the consequences of a lack of uniform approach, and the future of protections for cryopreserved embryos.
Biography
Attorney Molshree A. Sharma is a partner with the law firm Arnoux Sharma Standeford, LLC, Chicago, Illinois. Nationally recognized as among the top lawyers in the country and an emerging leader in her field, Ms. Sharma has more than 20 years of total legal experience, and she provides exceptional counsel and support to clients who have legal needs involving complex, high-profile family law matters throughout Chicago and surrounding areas.
As such, she has handled numerous divorce proceedings for lawyers, doctors, business owners, professional athletes and other high net worth clients. She has extensive experience handling complicated financial issues, such as considerable real estate holdings, business valuations, significant investment and retirement accounts, and more. In all cases, she works closely with her clients to develop the most effective strategy possible to help them achieve their goals as efficiently and cost-effectively as possible. Molly has also handled numerous highly contentious custody proceedings, including Hague Convention cases.
Honored for her outstanding professionalism and service, Ms. Sharma has earned the following designations in Crain’s Chicago Business: Notable Women in Law (2018, 2020, 2022, 2024), Notable Minority Lawyer (2019, 2020), and Notable Gen X Leader in Law (2022). She has also received designation as Emerging Lawyer (2017, 2018), Leading Lawyer (2019-2025), the Top Women Attorneys of Illinois award (2016), and the Chicago Bar Association Award (2011).
