Should the law recognize an individual's right not to be a genetic parent when genetic parenthood does not carry with it legal or gestational parenthood? If so, should we allow individuals to waive that right in advance, either by contract or a less formal means? How should the law's treatment of gestational and legal parenthood inform these questions? Developments in reproductive technology have brought these questions to the fore, most prominently in the preembryo disposition cases a number of courts have confronted - disputes over the use of stored frozen preembryos that couples have fertilized in the course of In Vitro Fertilization (IVF) - but other examples abound.In this Article, I argue that in analyzing these cases it is essential to unbundle the possible rights not to be a genetic, gestational, and legal parent, and to recognize that the three rights do not stand and fall together. I show that we cannot move from the discourse surrounding the rights not to be a gestational and legal parent to a justification for a right not to be a genetic parent. Instead, I argue that the normative mooring of the right not to be a genetic parent is best understood as a way of protecting individuals from what I call "attributional parenthood," a harm that stems from the social assignment of the status of parent to the provider of genetic material that persists notwithstanding the fact that the legal system has declared him or her a non-parent.Using this framework, I argue for the recognition of the right not to be a genetic parent. However, I reject the claim, common among courts and commentators, that this right should not be capable of advance waiver. I instead conclude that we should permit advance waiver of the right through contract, with several interventions aimed at improving contractual consent. In preembryo disposition disputes where the parties have not contracted, I argue for a general default rule of non-use, perhaps with a sub-rule permitting use when non-use would mean the impossibility of one party ever having any genetic children.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
Expectant Fathers, Abortion, and Embryos.Dara E. Purvis - 2015 - Journal of Law, Medicine and Ethics 43 (2):330-340.
Similar books and articles
Can Human Genetic Enhancement Be Prohibited?William Gardner - 1995 - Journal of Medicine and Philosophy 20 (1):65-84.
Quantification of a Genetic Message in Selection.R. Monet - 1993 - Acta Biotheoretica 41 (3):199-203.
Nonmarital Children and Post-Death Parentage: A Different Path for Inheritance Law?Paula A. Monopoli - unknown
Preimplantation Genetic Diagnosis: Choosing the “Good Enough” Child. [REVIEW]Helen Watt - 2004 - Health Care Analysis 12 (1):51-60.
Frozen Embryos, Genetic Information and Reproductive Rights.Sarah Chan & Muireann Quigley - 2007 - Bioethics 21 (8):439–448.
Use or Refuse Reproductive Genetic Technologies: Which Would a 'Good Parent' Do?Janet Malek - 2013 - Bioethics 27 (2):59-64.
Genetic Engineering to Avoid Genetic Neglect: From Chance to Responsibility.Jessica Hammond - 2010 - Bioethics 24 (4):160-169.
Consent Agreements for Cryopreserved Embryos: The Case for Choice.Peter D. Sozou, Sally Sheldon & Geraldine M. Hartshorne - 2010 - Journal of Medical Ethics 36 (4):230-233.
Added to index2009-01-28
Total downloads12 ( #373,064 of 2,158,435 )
Recent downloads (6 months)1 ( #354,697 of 2,158,435 )
How can I increase my downloads?