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This new book provides a clear and accessible analysis of the various ways in which human reproduction is regulated. A comprehensive exposition of the law relating to birth control,abortion, pregnancy, childbirth, surrogacy and assisted conception is accompanied by an exploration of some of the complex ethical dilemmas that emerge when one of the most intimate areas of human life is subjected to regulatory control. Throughout the book, two principal themes recur. First, particular emphasis is placed upon the special difficulties that arise in regulating new technological intervention in all aspects of the reproductive process. Second, the concept of reproductive autonomy is both interrogated and defended. This book offers a readable and engaging account of the complex relationships between law, technology and reproduction. It will be useful for lecturers and students taking medical law or ethics courses. It should also be of interest to anyone with a more general interest in women's bodies and the law, or with the profound regulatory consequences of new technologies.
Examines emerging assisted reproductive technologies that will revolutionise the future of human reproduction and their regulation.
Brings together different disciplinary perspectives and new empirical insights to explore the regulation of assisted reproduction around the world.
Examines the social context and current state of reproductive mediating technologies such as artificial insemination, in vitro fertilization, surrogate motherhood, sex preselection, DNA probes, prenatal diagnosis, and sterilization.
These essays explore the nature and limits of individual autonomy in law, policy and the work of regulatory agencies. Authors ask searching questions about the nature and scope of the regulation of 'private' lives, from intimacies, personal relationships and domestic lives to reproduction. They question the extent to which the law does, or should, protect individual autonomy. Recent rapid advances in the development of new technologies - particularly those concerned with human genetics and assisted reproduction - have generated new questions (practical, social, legal and ethical) about how far the state should intervene in individual decision making. Is there an inevitable tension between individual liberty and the common good? How might a workable balance between the public and the private be struck? How, indeed, should we think about 'autonomy'? The essays explore the arguments used to create and maintain the boundaries of autonomy - for example, the protection of the vulnerable, public goods of various kinds, and the maintenance of tradition and respect for cultural practices. Contributors address how those boundaries should be drawn and interventions justified. How are contemporary ethical debates about autonomy constructed, and what principles do they embody? What happens when those principles become manifest in law?
Open-access edition: DOI 10.6069/9780295748856 Beginning in the late nineteenth century, India played a pivotal role in global conversations about population and reproduction. In Reproductive Politics and the Making of Modern India, Mytheli Sreenivas demonstrates how colonial administrators, postcolonial development experts, nationalists, eugenicists, feminists, and family planners all aimed to reform reproduction to transform both individual bodies and the body politic. Across the political spectrum, people insisted that regulating reproduction was necessary and that limiting the population was essential to economic development. This book investigates the often devastating implications of this logic, which demonized some women’s reproduction as the cause of national and planetary catastrophe. To tell this story, Sreenivas explores debates about marriage, family, and contraception. She also demonstrates how concerns about reproduction surfaced within a range of political questions—about poverty and crises of subsistence, migration and claims of national sovereignty, normative heterosexuality and drives for economic development. Locating India at the center of transnational historical change, this book suggests that Indian developments produced the very grounds over which reproduction was called into question in the modern world. The open-access edition of Reproductive Politics and the Making of Modern India is freely available thanks to the TOME initiative and the generous support of The Ohio State University Libraries.
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.
Reproductive donation is the most contentious area of assisted reproduction. Even within Europe there are wide variations in what is permitted in each country. This multidisciplinary book takes a fresh look at the practices of egg, sperm and embryo donation and surrogacy, bringing together ethical analysis and empirical research. New evidence is offered on aspects of assisted reproduction and the families these create, including non-traditional types. One of the key issues addressed is should children be told of their donor origin? If they do learn the identity of their donor, what kinds of relationships may be forged between families, the donor and other donor sibling families? Should donation involve a gift relationship? Is intra-familial donation too close for comfort? How should we understand the growing trend for 'reproductive tourism'? This lively and informed discussion offers new insights into reproductive donation and the resulting donor families.
The birth of the first test tube baby in 1978 focused attention on the sweeping advances in assisted reproductive technology (ART), which is now a multi-billion-dollar business in the United States. Sperm and eggs are bought and sold in a market that has few barriers to its skyrocketing growth. While ART has been an invaluable gift to thousands of people, creating new families, the use of someone else’s genetic material raises complex legal and public policy issues that touch on technological anxiety, eugenics, reproductive autonomy, identity, and family structure. How should the use of gametic material be regulated? Should recipients be able to choose the “best” sperm and eggs? Should a child ever be able to discover the identity of her gamete donor? Who can claim parental rights? Naomi R. Cahn explores these issues and many more in Test Tube Families, noting that although such questions are fundamental to the new reproductive technologies, there are few definitive answers currently provided by the law, ethics, or cultural norms. As a new generation of "donor kids" comes of age, Cahn calls for better regulation of ART, exhorting legal and policy-making communities to cease applying piecemeal laws and instead create legislation that sustains the fertility industry while simultaneously protecting the interests of donors, recipients, and the children that result from successful transfers.
Jane Ussher takes a unique approach to the study of the material and discursive practices associated with the construction and regulation of the female body.