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As more people turn to assisted reproduction, the legal issues surrounding it have become increasingly complex. Beyond representing patients or clinics, numerous legal problems are arising from the technology's application. Disputes in divorce are the most common, but this technology impacts the law in other areas, including personal injury, insurance, criminal law, and estate planning. Drawing from multiple legal sources, this book presents complex information in a direct, balanced and fair manner. It includes glossary, sample forms and checklists, and bibliography.
The Law of Assisted Reproduction, Second Edition examines the impact of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) and the ongoing controversial issues that surround it from legal, ethical, moral, social and medical points of view. It also examines the contribution of Parliament in fashioning the legal provisions in the amended legislation. The second edition is updated to cover: - Abortion controversy and the current law in England and Wales - New case law on parentage of children born from IVF - ECHR case law concerning embryo research and fertility treatment - The Human Fertilisation and Embryology Act 1990 - the birth of the Human Fertilisation and Embryology Authority - The NHS IVF postcode lottery - Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015 - The Supreme Court case (In the matter of an application by the Northern Ireland Human Rights Commission for Judicial - Review (Northern Ireland) [2018] UKSC 27) on NI abortion law compatibility with ECHR - Sarah Ewart case - Re Z (A Child: Human Fertilisation and Embryology Act: Parental Order) - Parillo v Italy - Re A and others (Human Fertilisation and Embryology Act) - Consideration of ECHR dimensions The second edition also contains new chapters on: - Abortion law developments in Northern Ireland and the Republic of Ireland - Controversies relating to fertility treatment, embryonic research and abortion - Three parent Children-Mitochondrial Donation - Consideration of the key changes to the Code of Practice, (9th Edition), January 2019 This is an essential title for practitioners in medical/healthcare law and ethics, as well as national and international law libraries and students.
Examines emerging assisted reproductive technologies that will revolutionise the future of human reproduction and their regulation.
The success of Assisted Reproductive Technology is critically dependent upon the use of well optimized protocols, based upon sound scientific reasoning, empirical observations and evidence of clinical efficacy. Recently, the treatment of infertility has experienced a revolution, with the routine adoption of increasingly specialized molecular biological techniques and advanced methods for the manipulation of gametes and embryos. This textbook – inspired by the postgraduate degree program at the University of Oxford – guides students through the multidisciplinary syllabus essential to ART laboratory practice, from basic culture techniques and micromanipulation to laboratory management and quality assurance, and from endocrinology to molecular biology and research methods. Written for all levels of IVF practitioners, reproductive biologists and technologists involved in human reproductive science, it can be used as a reference manual for all IVF labs and as a textbook by undergraduates, advanced students, scientists and professionals involved in gamete, embryo or stem cell biology.
Since the first edition of Reproductive Technologies and the Law was published, the field of assisted reproductive technologies (ART) has advanced, matured, stabilized and stalled. Now that more than five million children have been born via ART, and nearly three out of every 100 babies born in the United States are the product of assisted conception, the impact and import of the field cannot be overstated. The second edition invites readers to explore the origins of assisted conception and then trace its development to the present day. Reproductive Technologies and the Law is designed to introduce our students to the essentials in science, medicine, law and ethics that underpin and shape each of the topics that combine to form the law of reproductive technologies. The second edition contains an array of new cases, statutes, policies, and commentaries. As each new technology is introduced, an effort is made to fully inform the reader about the clinical application of the technique; that is, how the procedure is used to treat patients facing infertility or produce advances in medical research. Once comfortable with the science, students can then contemplate the legal parameters that do or should accompany the technology. As more ART laws arise on the legal landscape, and demand for the technologies grows, so too will the need for informed practitioners who can represent the interests and needs of each stakeholder in the complicated equation. This book also is available in a three-hole-punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Written by a medical and a legal pioneer in the field, this book comprehensively reviews and analyzes the evolving law and policy issues surrounding assisted reproductive technologies. Dr. Howard W. Jones, Jr., founder of the first in vitro fertilization program in the United States, offers medical commentary, while attorney Susan L. Crockin, author of the column "Legally Speaking" in ASRM News (the newsletter of the American Society for Reproductive Medicine), provides legal analysis. The book opens with a legal primer and timelines sketching the medical and legal milestones in the history of reproductive technology and law. Each chapter provides a case-by-case discussion of the relevant law, as well as cogent medical and legal commentary and analysis on a particular substantive area. Chapter topics deal with a vast array of issues, including artificial insemination, sperm and egg donation, traditional and gestational surrogacy, posthumous reproduction, same-sex parentage, genetics, cryopreservation and embryo litigation, discrimination and access to reproductive care, professional liability, stem cell research, and abortion. In discussing the medical and legal issues surrounding these topics, Crockin and Jones reveal what has gone right and what at times has gone terribly wrong for both the families and the professionals involved. They make clear that technological advancements have far outpaced the laws and policies in place to protect all who use them. This book makes a timely contribution to current debates over the legal and policy issues raised by the highly publicized birth of octuplets in California and the embryo legislation activity taking place in many states. It offers information and insight to policymakers, medical and legal professionals, patients and other participants, and everyone else interested in the history and future direction of the field.
In 2004, the Assisted Human Reproduction Act was passed by the Parliament of Canada. Fully in force by 2007, the act was intended to safeguard and promote the health, safety, dignity, and rights of Canadians. However, a 2010 Supreme Court of Canada decision ruled that key parts of the act were invalid. Regulating Creation is a collection of essays built around the 2010 ruling. Featuring contributions by Canadian and international scholars, it offers a variety of perspectives on the role of law in dealing with the legal, ethical, and policy issues surrounding changing reproductive technologies. In addition to the in-depth analysis of the Canadian case the volume reflects on how other countries, particularly the U.S., U.K. and New Zealand regulate these same issues. Combining a detailed discussion of legal approaches with an in-depth exploration of societal implications, Regulating Creation deftly navigates the obstacles of legal policy amidst the rapid current of reproductive technological innovation.
The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today: how to protect against threats to public health that can quickly cross national borders, how to ensure access to affordable health care, and how to regulate the pharmaceutical industry, among many others. When matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Thus, for example, countries that suffered early from the COVID-19 pandemic provided valuable lessons about public health interventions for countries that were hit later. Accordingly, the Handbook considers key health law questions from a comparative perspective. In health law, common challenges are frequent. In addition to ones already mentioned, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made. This Handbook's wide scope and comparative take on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. Students, practitioners, scholars, and policymakers need to understand how health laws vary across national boundaries and how reforms can ensure a convergence toward an optimal set of legal rules, or ensure that specific legal arrangements are needed in particular contexts. Indeed, comparative analysis has become essential for legal scholars, and The Oxford Handbook of Comparative Health Law is the only resource that provides such an analysis in health law.
Offers a comprehensive guide to assisted reproductive technology surveillance, describing its history, global variations, and best practices.