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The Human Fertilisation and Embryology Act 2008 was a major update to the UK’s laws on the use and regulation of reproductive technology and assisted reproduction. Since the enactment of the new law, the sector’s regulatory body, the Human Fertilisation and Embryology Authority (HFEA), has also consulted on various related topics including barriers to egg and sperm donation in the UK, multiple births/single embryo transfer and using IVF technology to prevent mitochondrial disease. This book critically considers recent developments in human fertilisation legislation, asking whether the 2008 Act has achieved its stated aim of being fit for purpose. Bringing together a range of international experts, the book evaluates the fresh risks and challenges emerging from both established and existing technologies and techniques in the field of human fertilisation and embryology, as well as offering valuable insights into the social and regulatory challenges that lie ahead. Key topics include problems with DIY assisted conception; the lack of reform in respect of the regulation of surrogacy arrangements; and mitochondrial DNA transfer. As a review of the status of assisted reproduction legislation, this book will be of great use and interest to students, researchers and practitioners in medical law, bioethics, medicine and child welfare.
The Human Fertilisation and Embryology Act 2008 was a major update to the UK’s laws on the use and regulation of reproductive technology and assisted reproduction. Since the enactment of the new law, the sector’s regulatory body, the Human Fertilisation and Embryology Authority (HFEA), has also consulted on various related topics including barriers to egg and sperm donation in the UK, multiple births/single embryo transfer and using IVF technology to prevent mitochondrial disease. This book critically considers recent developments in human fertilisation legislation, asking whether the 2008 Act has achieved its stated aim of being fit for purpose. Bringing together a range of international experts, the book evaluates the fresh risks and challenges emerging from both established and existing technologies and techniques in the field of human fertilisation and embryology, as well as offering valuable insights into the social and regulatory challenges that lie ahead. Key topics include problems with DIY assisted conception; the lack of reform in respect of the regulation of surrogacy arrangements; and mitochondrial DNA transfer. As a review of the status of assisted reproduction legislation, this book will be of great use and interest to students, researchers and practitioners in medical law, bioethics, medicine and child welfare.
This work highlights and critically analyses contemporary issues in assisted reproduction and embryology that were either not considered or were under-considered when the Human Fertilisation and Embryology Act was passed in 1990.
The numbers of women undergoing Assisted Reproduction Technology (ART) treatments have risen steadily, yet they remain largely outside the scope of equality and employment law protection while undergoing treatment. Assisted Reproduction, Discrimination, and the Law examines this gap in UK law, with reference to EU law as appropriate, and argues that new conceptions of equality are necessary. Drawing from the literature on multidimensional and intersectional discrimination, it is argued that an intersectionality approach offers a more useful analytical framework to extend protection to those engaged in ART treatments. Drawing from Schiek’s intersectional nodes model, the book critically examines two alternative interpretations of existing protected characteristics, namely infertility as a disability, with reference to the social model of disability and the UN Convention on the Rights of Persons with Disabilities 2006, and redefining the boundaries of pregnancy and/or sex discrimination, with reference to attempts to extend associative discrimination to pregnancy. Comparisons are drawn with the US, where infertility has been recognised as a disability under the American’s with Disabilities Act 1990 and as a pregnancy-related condition under the Pregnancy Discrimination Act 1978. A specific right to paid time off work to undergo treatment is also proposed, drawing comparisons with the US Family and Medical Leave Act 1993 and the existing UK work-family rights framework. It is argued that the reinterpretations of equality law and the rights proposed here are not only conceptually possible, but could practically be achieved with minor, but significant, amendments to existing legislation.
Based on the Guide to the Human Fertilisation and Embryology Act 1990, this volume reviews the regulation of assisted conception including complex moral issues such as abortion, embryo research and cloning. It offers a comprehensive guide to the 1990 legislation as well as important legal and technical developments since that time.
Addresses the vexed question of how and why reform of end-of-life law occurs, drawing on ten international case studies.
Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials – modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book Margaret Brazier, Emma Cave and Rob Heywood provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The seventh edition of this book has been fully revised and updated to cover the latest cases, Brexit-related regulatory reform and COVID-19 pandemic measures. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law.
While it has been argued that anonymity in gamete donation has been brought to an end by legal changes and technological developments, Amelie Baumann suggests that this is in fact still in transformation. By focusing on the narratives of those who were conceived with anonymously donated gametes in the UK and Germany, she examines this transformative process and the role which donor-conceived persons play in it. This book shows that it is not someone's decision to procreate that turns »being donor-conceived« into a meaningful categorisation. Rather, kinship knowledge gets activated by the donor-conceived in specific ways for »being donor-conceived« to become a powerful identification.
Reproductive science continues to revolutionise reproduction and propel us further into uncharted territories. The revolution signalled by the birth of Louise Brown after IVF in 1978, prompted governments across Europe and beyond into regulatory action. Forty years on, there are now dramatic and controversial developments in new reproductive technologies. Technologies such as uterus transplantation that may enable unisex gestation and babies gestated by dad; or artificial wombs that will completely divorce reproduction from the human body and allow babies to be gestated by machines, usher in a different set of legal, ethical and social questions to those that arose from IVF. This book revisits the regulation of assisted reproduction and advances the debate on from the now much-discussed issues that arose from IVF, offering a critical analysis of the regulatory challenges raised by new reproductive technologies on the horizon.
There is an increasing demand for gestational surrogacy in current reproductive medicine practice. Infertile couples often engage overseas surrogates, which increases the risk for legal and ethical complications. This book provides clinical guidance on the provision of gestational surrogacy on a worldwide basis, with brief summaries of the legal position within countries where it is offered. This volume provides a comprehensive overview of surrogacy for clinicians, counsellors, attorneys, legislators and anyone interested in reproductive health policy by filling an immediate niche as a resource for those interested in third-party reproductive treatments.