• Designer Baby (Scalisi vs. NY Univ. Medical Center)

Scalisi et al. v. New York University Medical Center 805 N.Y.S.2d 62 (MY. App. Div., 1st Dept., Dec. 6, 2005) The plaintiffs in this breach-ofcontract action learned the importance of getting guarantees in writing. They allegedly entered into an oral agreement with the Medical Center for an in Vitro fertilization procedure that would not result in the birth of an autistic child. Subsequently, the parties signed a written contract stating that a certain percentage of children are born with physical and mental defects and the occurrence of such defects is \"beyond the control of the physicia n.\" The document also stated that the Medical Center and its physicians would not \"assume responsibility for the physical and mental characteristic or hereditary tendencies" of any child born as a result of the in Vitro procedure. When one of the twins conceived as a result of the in Vitro procedure was born with \"autistic traits,\" the parents sued for breach of the oral agreement, alleging that they had entered into it for the purpose of having offspring free of autism. The lower court granted the hospital summaryjudgment, holding that the written agreement signed by the parents barred the admissibility of the oral agreement. The state court of appeals afrmed, finding that even if the alleged oral promises had been made, they were inadmissible in light of the existence of the subsequent written agreement directly contradictory to them