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The emergence of new empirical evidence and ethical debate about families created by assisted reproduction has called into question the current regulatory frameworks that govern reproductive donation in many countries. In this multidisciplinary book, social scientists, ethicists and lawyers offer fresh perspectives on the current challenges facing the regulation of reproductive donation and suggest possible ways forward. They address questions such as: what might people want to know about the circumstances of their conception? Should we limit the number of children donors can produce? Is it wrong to pay donors or to reward them with cut-price fertility treatments? Is overseas surrogacy exploitative of women from poor communities? Combining the latest empirical research with analysis of ethics, policy and legislation, the book focuses on the regulation of gamete and embryo donation and surrogacy at a time when more people are considering assisted reproduction and when new techniques and policies are underway.
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.
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.
This book explores the social, ethical and legal implications of assisted reproductive technologies (ART). Providing a comparative analysis of several European countries, the authors evaluate the varied approaches to the application of ART throughout Europe. From a global perspective, countries take very different approaches to the regulation of ART. Countries apply restrictions to the access criteria for these treatments and/or direct restrictions to the practice of the techniques themselves. To understand these varied approaches to ART practice and regulation, it is necessary to understand the societal and political background from which they emerged. This book therefore consists of case studies from eight European countries which provide insights into the status and development of the regulation of ART in the last 40 years. The country cases from all over Europe and the three comparative chapters provide insights into the diversity of current ART regulation across the continent as well as into similarities, differences and trends in this regulatory area. This book will be of interest to practitioners of ART who are interested in understanding the differences in regulation of ART in Europe, as well as long-term trends in this respect. Given the ethical and legal implications the book explores, it will also be of interest to students or researchers in the fields of social sciences, humanities and law.
Examines emerging assisted reproductive technologies that will revolutionise the future of human reproduction and their regulation.
Third party conception is a growing phenomenon and provokes a burgeoning range of ethical, legal and social questions. What are the rights of donors, recipients and donor conceived children? How are these reproductive technologies regulated? How is kinship understood within these new family forms? Written by specialists from three different continents, Transnationalising Reproduction examines a broad range of issues concerning kinship and identity, citizenship and regulation, and global markets of reproductive labour; including gamete donation and gestational surrogacy. Indeed, this book seeks to highlight how reproductive technologies not only makes possible new forms of kinship and family formations, but also how these give rise to new, ethical, political and legal dilemmas about parenthood as well as new modes of discrimination and a re-distribution of medical risks. It also thoroughly investigates the ways in which a commodification of reproductive tissue and labour affects the practices, representations and gendered self-understandings of gamete donors, fertility patients and intended parents in different parts of the world. With a broad geographical scope, Transnationalising Reproduction offers new empirical and theoretical perspectives on third-party conception and demonstrates the need for more transnational approaches to third-party reproduction. This volume will appeal to postgraduate students and postdoctoral researchers interested in fields such as Gender Studies, Health Care Sciences, Reproductive Technology and Medical Sociology.
In the United States, egg donation for reproduction and egg donation for research involve the same procedures, the same risks, and the same population of donors—disadvantaged women at the intersections of race and class. Yet cultural attitudes and state-level policies regarding egg donation are dramatically different depending on whether the donation is for reproduction or for research. Erin Heidt-Forsythe explores the ways that framing egg donation itself creates diverse politics in the United States, which, unlike other Western democracies, has no centralized method of regulating donations, relying instead on market forces and state legislatures to regulate egg donation and reproductive technologies. Beginning with a history of scientific research around the human egg, the book connects historical debates about the “natural” (reproduction) and “unnatural” (research) uses of women’s eggs to contemporary political regulation of egg donation. Examining egg donation in California, New York, Arizona, and Louisiana and coupled with original data on how egg donation has been regulated over the last twenty years, this book is the first comprehensive overview and analysis of the politics of egg donation across the United States.
Brings together different disciplinary perspectives and new empirical insights to explore the regulation of assisted reproduction around the world.
Assisted reproductive technologies (ARTs), defined as technologies that bring together human gametes for the purposes of reproduction and regenerative research, have enabled new life for those expanding their families, as well as those looking to treat degenerative diseases. As meanings of life have shifted in an era of evolving reproductive technology, the state has new opportunities to intervene, mediate, and prohibit the use of ARTs in the United States. In light of the moral and instrumental ways to understand ARTs and the social implications of ART practices, what is the role of the state in ART oversight? Moreover, how does issue framing of ARTs impact legislative outcomes? Using egg donation as a particular site of morals and markets, I investigate these question through the legislative activity on egg donation at the state level, as well as the public policy making processes about egg donation. Given the empirical and theoretical gaps in ART scholarship about state-level legislation in the US in the contemporary period, this dissertation aims is to answers these research questions through original data on various kinds of ART legislation between 1990 and 2010, at the state level. Employing hazard analysis of egg donation legislation between 1998 and 2008 in 49 states, this project advances the argument that state-level legislative activities on egg donation are vibrant, and increased by scientific stakeholders in ARTs, as well as the presence of women in politics and economic life. Looking closer at cases of egg donation legislation in case studies of California, New York, Arizona, and Louisiana, I find that legislators frame egg donation as moral and instrumental social issues--with varying degrees of legislative success. I argue that state-level oversight has problematic implications for the concept of stratified reproduction and suggest applying the equal liberty principle to ART policymaking. Finally, I argue that the absence of political debate--particularly the absence of feminist voices--warrants new political solutions to increase democratic discourse on ART issues.
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.