Gamete Donation, Reproductive Technology and the Law

2019 ◽  
pp. 127-144
Author(s):  
Belinda Bennett
Keyword(s):  
Reproductive Technology ◽  
Gamete Donation ◽  
The Law

Disputed Conceptions of Motherhood

2021 ◽  
Author(s):  
Jennifer S. Hendricks
Keyword(s):  
Sexual Harassment ◽  
Reproductive Technology ◽  
Parental Rights ◽  
Biological Processes ◽  
The Law ◽  
Gender Neutrality ◽  
Gendered Harm ◽  
Pregnancy And Birth

This article examines feminist efforts to disentangle womanhood, biological motherhood, and social motherhood in order to promote equality in the law. It argues that this approach has produced important feminist influence and results in some areas of law but has led to a lack of feminist influence in areas where biological and social motherhood overlap, such as parental rights, reproductive technology, and surrogacy. Just as the law needed a theoretical boost that went beyond gender neutrality to see the gendered harm of sexual harassment at work, it needs a feminist account of pregnancy and birth that recognizes that these biological processes have social, relational dimensions.

The ART of Parentage

2019 ◽  
pp. 190-208
Author(s):  
Naomi Cahn
Keyword(s):  
Critical Factor ◽  
Children's Rights ◽  
Reproductive Technology ◽  
Children’S Rights ◽  
Abstract Concepts ◽  
Family Structures ◽  
Genetic Origins ◽  
History Of ◽  
New Challenges ◽  
The Law

The world of reproductive technology, including donor gametes and surrogacy, brings new challenges to identifying parents and respecting children’s rights. An intending parent—married or unmarried—is not necessarily the genetic contributor to the resulting child. And children have interests in knowing the identity of their genetic progenitors. This chapter focuses on whom the law recognizes as parents when a child has been created through assisted reproductive technology. While the chapter traces how intent has emerged as the critical factor in determining parentage, it also shows how intentional parenthood might sometimes be in tension with functional parenthood. The chapter provides a brief history of the technologies and their implications for parentage law and children’s rights to know their genetic origins. It also considers how the law might better adjust to changing technologies and family structures to produce outcomes that respect the child, rather than abstract concepts of equality—or even the parents’ interests.

Reconceptualising the Interest in Knowing One’s Origins: A Case for Mandatory Disclosure

2020 ◽  
Vol 28 (4) ◽  
pp. 731-752
Author(s):  
Katherine Wade
Keyword(s):  
Assisted Reproduction ◽  
Mandatory Disclosure ◽  
Gamete Donation ◽  
Central Importance ◽  
Autonomous Choice ◽  
The Law

Abstract The aim of this article is to make a case for mandatory disclosure in assisted reproduction. This refers to a system whereby those who are born through gamete donation and/or surrogacy would be notified about the manner of their birth and the availability of information about their genetic and/or gestational origins. The article argues that, to date, the law has interpreted an individual’s interest in knowing their origins as being predominately about identity. However, the central importance of the principle of autonomy in the conceptualisation of this interest has been overlooked. A reconceptualisation of the interest in knowing one’s origins as being concerned predominantly with autonomy provides a justification for mandatory disclosure. It is argued that the interest of individuals born through assisted reproduction in having autonomous choice regarding the significance of information about their origins should be prioritised over the autonomous choices of parents not to disclose to their offspring the manner of their birth.

Sign in / Sign up

Export Citation Format

Share Document