scholarly journals Expectant Fathers, Abortion, and Embryos

2015 ◽  
Vol 43 (2) ◽  
pp. 330-340 ◽  
Author(s):  
Dara E. Purvis

Today, multiple legal theories of parenthood interact to encompass all sorts of families. Adults and children bound through adoption, step-parenting, and assisted reproductive technologies (ART) demand familial recognition through some combination of biology, functionality, technology, and intent.In the context of children born through ART, many scholars have proposed a more robust use of intent as a rule for identifying legal parents. When used to identify parents, intent asks who planned to become the parent of a child, and is often helpful when multiple adults simultaneously agreed to bring a child into the world. For example, in the case of surrogacy, as many as five adults — two intended parents, a gestational surrogate, and both a sperm and egg donor — could all contribute to bringing a single child into the world. Not only does intent provide a practical answer to such modern parentage dilemmas, but it recognizes the often-minimized emotional investment of men who wish to be fathers.

2019 ◽  
Vol 68 ◽  
pp. 01016
Author(s):  
Yevhen Hrekov ◽  
Maryna Hrekova ◽  
Roman Kabalskyi

In many countries of the world, the practice of using assisted reproductive technologies faces a number of legal obstacles, from the introduction of restrictions to their complete prohibition. In most cases, these restrictions are due to public rejection of these methods and procedures for social, psychological and religious reasons. Indeed, these technologies add reissues of assess in galore of women in the society, its functions, problems of relationships with a surrogate mother or an egg donor, emergence and distribution of a surrogate mother's or donor's rights, as well as persons' who are beneficiaries of the results of these technologies. However, a solution of these problems cannot be achieved only by improving the legal mechanisms regulating the use of these technologies. In this situation, the solution is at the junction of the interests of the society (state) and personal interests of persons who need their use, while normative consolidation and enforcement is only a form of consolidating of the achieved balance.


2009 ◽  
Vol 18 (3) ◽  
pp. 228-235 ◽  
Author(s):  
INMACULADA DE MELO-MARTÍN

It might come as a surprise to many that Spain, a country with a strong Catholic tradition that officially banned contraceptive technologies until 1978, has some of the most liberal regulations in assisted reproduction in the world. Law No. 35/1988 was one of the first and most detailed acts of legislation undertaken on the subject of assisted-conception procedures. Indeed, not only did the law permit research on nonviable embryos, it made assisted reproductive technologies available to any woman, whether married or not, through the national healthcare system.


Author(s):  
Małgorzata Nagórska ◽  
Anna Bartosiewicz ◽  
Bogdan Obrzut ◽  
Dorota Darmochwał-Kolarz

The World Health Organization (WHO) determines infertility as a disease of the reproductive system defined clinically by the failure to achieve a clinical pregnancy after 12 months or more of regular unprotected sexual intercourse. Estimates indicate that the problem of infertility in the world is continuing to grow. The aim of the study was to compare approaches to disease in partners of both sexes diagnosed with infertility. The study was conducted among 61 couples treated for infertility using an original questionnaire developed by the authors. The Chi square independence test was used for statistical analysis. Both men and women responded to the diagnosis of infertility with negative emotions. Regardless of sex, sadness and anxiety were the dominant feelings associated with the diagnosis of infertility. Women believed in the success of the treatment to a greater extent than men. Mainly women attempted to talk openly about the problem of infertility, while men were more restrained in this respect. Women accepted the assisted reproductive technologies (ART) to a greater extent than men, but men would accept childlessness more often than women.


2017 ◽  
Vol 22 (2) ◽  
pp. 130-141 ◽  
Author(s):  
Amy Speier

Both the Czech Republic and the United States are destinations for cross-border reproductive travellers. For North Americans, including Canadians, who opt to travel to the Czech Republic for IVF using an egg donor, they are entering a fertility industry that is anonymous. This makes the Czech Republic different from other European countries that necessitate open gamete donation, as in Austria, Germany and the United Kingdom. For reproductive travellers coming to the United States for fertility treatment, there is a wider menu of choices regarding egg donation given the vastly unregulated nature of the industry. More recently, professionals in the industry are pushing for ‘open’ egg donation. For intended parents traveling to either location seeking in vitro fertilization using an egg donor, they must choose whether or not to pursue open or closed donation. As pre-conception parents, they navigate competing discourses of healthy parenting of donor-conceived offspring. They must be reflexive about their choices, and protective when weighing their options, always keeping their future child's mental, physical and genetic health in mind. Drawing from ethnographic data collected over the course of six years in the United States and the Czech Republic, this paper will explore both programs, paying special attention to the question of how gamete donation and global assisted reproductive technologies intersect with different notions about healthy pre-conception parenting.


Author(s):  
Judith Daar

This chapter discusses how the world of assisted reproductive technologies (ART) offers those who cannot reproduce the old-fashioned way various medical techniques aimed at achieving pregnancy by means other than sexual intercourse. By disaggregating sex from reproduction, ART is the story of both technical sophistication and social liberation. The shakeup of long-established medical, social, and familial norms has been one of ART's hallmarks, a distinguishing characteristic that often places it in the crossfire of contemporary culture wars. Though designed as mere medical techniques to overcome infertility, ART's increasing invocation by those historically deprived of reproductive opportunities invites scrutiny into its every use and its very existence.


2011 ◽  
Vol 7 (3) ◽  
pp. 375-400
Author(s):  
Daniel Sperling

AbstractIn recent years, assisted reproductive technologies have played an important role in shaping the lives of many individuals throughout the world. Their promise to make people become parents is believed to fulfil the most elementary interests a person may have. It is argued and legally acknowledged that such interests constitute with much significance a person's self-identity and sense of belonging to the living society, also constituting her reproductive liberty or the right to procreate. Despite their significance and importance, access to these technologies and to fertility care specifically may not always accord with the principle of equality and justice. It will be argued that, in some cases, such unequal access reflects various forms of discrimination between different groups in society. It is the purpose of this article to show that such a phenomenon is the result of an underdeveloped and unregulated area of law, characterising many Western countries. Specifically, it demonstrates conceptual deficiencies in so-called ‘procreative liberty’ with regard to the content and scope of the right to procreate, the values underlying such a right, and the legal and social institutions supporting and securing it. The article highlights these deficiencies, making them more evident when the notion of ‘reproductive liberty’ applies to positive and modern attempts to become parents, especially but not exclusively those brought by men.


2021 ◽  
Vol 10 (8) ◽  
pp. 1650
Author(s):  
Kenny A. Rodriguez-Wallberg ◽  
Xia Hao ◽  
Anna Marklund ◽  
Gry Johansen ◽  
Birgit Borgström ◽  
...  

Fertility preservation is a novel clinical discipline aiming to protect the fertility potential of young adults and children at risk of infertility. The field is evolving quickly, enriched by advances in assisted reproductive technologies and cryopreservation methods, in addition to surgical developments. The best-characterized target group for fertility preservation is the patient population diagnosed with cancer at a young age since the bulk of the data indicates that the gonadotoxicity inherent to most cancer treatments induces iatrogenic infertility. Since improvements in cancer therapy have resulted in increasing numbers of long-term survivors, survivorship issues and the negative impact of infertility on the quality of life have come to the front line. These facts are reflected in an increasing number of scientific publications referring to clinical medicine and research in the field of fertility preservation. Cryopreservation of gametes, embryos, and gonadal tissue has achieved quality standards for clinical use, with the retrieval of gonadal tissue for cryopreservation being currently the only method feasible in prepubertal children. Additionally, the indications for fertility preservation beyond cancer are also increasing since a number of benign diseases and chronic conditions either require gonadotoxic treatments or are associated with premature follicle depletion. There are many remaining challenges, and current research encompasses clinical health care and caring sciences, ethics, societal, epidemiological, experimental studies, etc.


2001 ◽  
Vol 29 (2) ◽  
pp. 197-202 ◽  
Author(s):  
Judith F. Daar

In recent years, courts have increasingly found them-selves arbiters of disputes in the emotionally charged area of assisted reproductive technologies. Legal disputes are hardly surprising in the world of infertility medicine, where millions of patients spend billions of dollars in efforts to have a child. Increasingly, these efforts produce embryos that are frozen for later use, at once maximizing a couple's chances for success and minimizing the medical intrusiveness that necessarily accompanies most forms of assisted reproductive technologies. But with over 100,000 embryos in frozen storage in the United States and a divorce rate of 40 to 50 percent, it is not surprising that disputes over the disposition of these embryos are arising, causing the legal landscape surrounding these technologies to continue to expand.


1999 ◽  
Vol 25 (4) ◽  
pp. 455-477
Author(s):  
Judith F. Daar

The world of assisted reproductive technologies (ART) has forced our society to confront scenarios that were unimaginable a mere quarter century ago. The birth of Louise Brown in 1978, the first child conceived through in vitro fertilization (IVF), introduced to the world the notion of asexual reproduction. The bitter battle over the parental status of Baby M., a baby born by a surrogate mother in the early 1980s, engendered a public debate over the interaction between contract law, family law and reproductive liberties that still rages today. In 1992, the highly publicized divorce of Junior and Mary Sue Davis focused national attention on the issue of proper disposition of frozen embryos. This case highlighted the fact that conception and pregnancy could be separated by a significant amount of time as a result of cryopreservation. While each of these events marked a step forward in the march toward total technological mastery of human reproduction, they also suggest that future struggles involving ART will grow increasingly fierce and complicated as our fund of knowledge increased. This Article suggests that current disputes over the disposition of frozen embryos are emblematic of that struggle.


2020 ◽  
Vol 42 (1) ◽  
pp. 58-87
Author(s):  
Rosanna Hertz

Single mothers by choice who delay having a child without a partner can choose to conceive with donor sperm and eggs. When they do, however, they face twin paradoxes: (a) advances in assisted reproductive technologies (ARTs) make it easier to have a child but harder to make an unquestioned claim to being a mother in light of a conventional genetic narrative; and (b) children who come from the same batch of donor embryos have more in common with each other genetically than they do with their gestational mother. Those paradoxes pose fundamental questions about motherhood and kinship. For example, does gestational motherhood with two donors alter the motherhood narrative? What becomes of the role of egg donor? How do single mothers manage their extra embryos and what role do extra embryos play in kinship? In-depth interviews with 42 single women suggest that they respond to the paradoxical effects of ARTs by engaging in a new process of motherhood—maternal bricolage—first in crafting embryos and then in finding homes for the ones they do not use. As bricoleurs, they challenge extant definitions of motherhood and kinship.


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