Also known as: interest analysis · interests-analysis · governmental interest analysis
Written by attorneys · grounded in primary & secondary sources — see below
A method of resolving disputes by weighing and balancing the relative interests of the parties when no prior agreement governs the matter at issue.
Ivy Ibarra and Igor Ito created several frozen embryos during their marriage through in vitro fertilization at a local clinic. After their divorce, no written agreement addressed disposition of the embryos. Ivy now seeks to donate them for research while Igor objects and wants them destroyed. The court weighs Ivy's interest in advancing scientific research against Igor's interest in avoiding unwanted genetic parenthood and awards control to Igor.
Israel Irving lies in a persistent vegetative state with no advance directive. His wife seeks to discontinue artificial nutrition while his parents insist on continued treatment. The court applies interests analysis by comparing the burdens of prolonged medical intervention against any possible benefit to the patient and authorizes removal of the feeding tube.
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A court turns to interests analysis only after determining that no enforceable prior agreement between the parties addresses the disposition or use of the disputed subject matter. Once that threshold is met, the court weighs the parties' competing interests directly.
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The balancing generally favors the party wishing to avoid procreation unless compelling circumstances justify a different result.
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Interests analysis evaluates the situation from an objective external stance by comparing needs, risks, and benefits to the affected person. Substituted judgment instead attempts to determine what the person would have chosen if able to decide.
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