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Cloning, genetic screening, embryo freezing, in vitro fertilization, Norplant, RU486--these are the technologies revolutionizing our reproductive landscape. Through the lens of procreative liberty--meaning both the freedom to decide whether or not to have children as well as the freedom to control one's reproductive capacity--John Robertson, a leading legal bioethicist, analyzes the ethical, legal, and social controversies surrounding each major technology and opens up a multitude of fascinating questions: Do frozen embryos have the right to be born? Should parents be allowed to select offspring traits? May a government force welfare recipients to take contraceptives? Robertson's arguments examine the broad range of consequences of each reproductive technology and offers a timely, multifaceted analysis of the competing interests at stake for patients, couples, doctors, policymakers, lawyers, and ethicists.Cloning, genetic screening, embryo freezing, in vitro fertilization, Norplant, RU486--these are the technologies revolutionizing our reproductive landscape. Through the lens of procreative liberty--meaning both the freedom to decide whether or not to have children as well as the freedom to control one's reproductive capacity--John Robertson, a leading legal bioethicist, analyzes the ethical, legal, and social controversies surrounding each major technology and opens up a multitude of fascinating questions: Do frozen embryos have the right to be born? Should parents be allowed to select offspring traits? May a government force welfare recipients to take contraceptives? Robertson's arguments examine the broad range of consequences of each reproductive technology and offers a timely,multifaceted analysis of the competing interests at stake for patients, couples, doctors, policymakers, lawyers, and ethicists.
Published in 1998, this work is concerned, in the main, with reproduction - for which marriage is not an essential prerequisite. Nevertheless, much of sexuality and the greater part of parenthood still subsist within the marital relationship. Sex and marriage are interdependent - indeed the definition of the latter depends on the former. After looking at the prerequisites for marriage and for making a marriage void, the author shows that the medico-legal interests of marriage relate to the mental health and the sex of the parties. The author also looks at various aspects of the sexual-familial relationship, including contraception, sterilization, abortion, protection of the foetus, foetal experimentation, the infertile husband, the infertile woman, defective neonates and infants, consent to treatment and research in children, the protection of young children and the killing of children within the family. Cases are used to highlight the legal aspects of these subjects.
A study of the contraceptive practices of a large sample of clients in a California abortion clinic challenges common assumptions about the social and psychological trauma associated with abortion as a means of birth control
"... glimpses of intriguing changes in social arrangements and cultural understandings in relation to surrogacy. Disturbing motherhood indeed." -- New Scientist "Larry Gostin has put together the definitive collection of essays on one of the most perplexing and titillating topics in contemporary medical ethics. This book includes contributions from some of the leading scholars on the legal, ethical, and social aspects of surrogacy, as well as several critical perspectives on the famous Baby M case -- must reading for understanding the surrogate motherhood controversy." -- Robert M. Veatch "Highly recommended... " -- Choice "... a valuable resource for those concerned with an exceedingly difficult ethical, legal, and political problem."Â -- Ethics "There is a wealth of information here on the current 'status questionis' in the United States, and anyone involved in the surrogacy debate, in the U.S. or otherwise, will find working through this material very worthwhile." -- Canadian Philosophical Review "... an excellent sample of some of the best and most varied thinking so far on the numerous conceptual, moral, social, and policy questions raised by contract motherhood." -- The Journal of Clinical Ethics
In an analysis of legislative responses to surrogacy in New York and California, the author explores how discourses about gender, family, race, genetics, rights, and choice have shaped policies aimed at this issue. She examines the views of legislators, women's organizations, religious groups, the media, and others.
With an Expanded Appendix on the Current Legal Status of Surrogacy Arrangements A practice known since Biblical times, surrogate motherhood has only recently leaped to prominence as a way of providing babies for childless couples—and leaped to notoriety through the dramatic case of Baby M. Contract surrogacy is officially little more than ten years old, but by 1986 five hundred babies had been born to mothers who gave them up to sperm donor fathers for a fee, and the practice is growing rapidly. Martha Field examines the myriad legal complexities that today enmesh surrogate motherhood, and also looks beyond existing legal rules to ask what society wants from surrogacy. A man’s desire to be a “biological” parent even when his wife is infertile—the father’s wife usually adopts the child—has led to this new kind of family, and modern technology could further extend surrogacy’s appeal by making gestational surrogates available to couples who provide both egg and sperm. But is surrogacy a form of babyselling? Is the practice a private matter covered by contract law, or does adoption law govern? Is it good or bad social and public policy to leave surrogacy unregulated? Should the law allow, encourage, discourage, or prohibit surrogate motherhood? Ultimately the answers will depend on what the American public wants. In the difficult process of sorting out such vexing questions, Martha Field has written a landmark book. Showing that the problem is rather too much applicable law than too little, she discusses contract law and constitutional law, custody and adoption law, and the rights of biological fathers as well as the laws governing sperm donation. Competing values are involved all along the legal and social spectrum. Field suggests that a federal prohibition would be most effective if banning surrogacy is the aim, but federal prohibition might not be chosen for a variety of reasons: a preference for regulating surrogacy instead of driving it underground; a preference for allowing regulation and variation by state; or a respect for the interests of people who want to enter surrogacy arrangements. Since the law can support a wide variety of positions, Field offers one that seems best to reconcile the competing values at stake. Whether or not paid surrogacy is made illegal, she suggests that a surrogate mother retain the option of abiding by or canceling the contract up to the time she freely gives the child to the adopting couple. And if she cancels the contract, she should be entitled to custody without having to prove in court that she would be a better parent than the father.