Legal Conceptions

Legal Conceptions
Author: Susan L. Crockin
Publisher: Johns Hopkins University Press
Total Pages: 0
Release: 2010-01-11
Genre: Medical
ISBN: 9780801893889

Written by a medical and a legal pioneer in the field, this book comprehensively reviews and analyzes the evolving law and policy issues surrounding assisted reproductive technologies. Dr. Howard W. Jones, Jr., founder of the first in vitro fertilization program in the United States, offers medical commentary, while attorney Susan L. Crockin, author of the column "Legally Speaking" in ASRM News (the newsletter of the American Society for Reproductive Medicine), provides legal analysis. The book opens with a legal primer and timelines sketching the medical and legal milestones in the history of reproductive technology and law. Each chapter provides a case-by-case discussion of the relevant law, as well as cogent medical and legal commentary and analysis on a particular substantive area. Chapter topics deal with a vast array of issues, including artificial insemination, sperm and egg donation, traditional and gestational surrogacy, posthumous reproduction, same-sex parentage, genetics, cryopreservation and embryo litigation, discrimination and access to reproductive care, professional liability, stem cell research, and abortion. In discussing the medical and legal issues surrounding these topics, Crockin and Jones reveal what has gone right and what at times has gone terribly wrong for both the families and the professionals involved. They make clear that technological advancements have far outpaced the laws and policies in place to protect all who use them. This book makes a timely contribution to current debates over the legal and policy issues raised by the highly publicized birth of octuplets in California and the embryo legislation activity taking place in many states. It offers information and insight to policymakers, medical and legal professionals, patients and other participants, and everyone else interested in the history and future direction of the field.

Choosing Tomorrow's Children

Choosing Tomorrow's Children
Author: Stephen Wilkinson
Publisher: Oxford University Press
Total Pages: 274
Release: 2010-02-18
Genre: Philosophy
ISBN: 0199273960

To what extent should parents be allowed to use reproductive technologies to determine the characteristics of their future children? Is there something morally wrong with choosing what their sex will be, or with trying to 'screen out' as much disease and disability as possible before birth? This book offers answers to such questions.

The Oxford Handbook of Comparative Health Law

The Oxford Handbook of Comparative Health Law
Author: David Orentlicher
Publisher: Oxford University Press
Total Pages: 1135
Release: 2021-08-26
Genre: Law
ISBN: 0190846771

The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today: how to protect against threats to public health that can quickly cross national borders, how to ensure access to affordable health care, and how to regulate the pharmaceutical industry, among many others. When matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Thus, for example, countries that suffered early from the COVID-19 pandemic provided valuable lessons about public health interventions for countries that were hit later. Accordingly, the Handbook considers key health law questions from a comparative perspective. In health law, common challenges are frequent. In addition to ones already mentioned, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made. This Handbook's wide scope and comparative take on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. Students, practitioners, scholars, and policymakers need to understand how health laws vary across national boundaries and how reforms can ensure a convergence toward an optimal set of legal rules, or ensure that specific legal arrangements are needed in particular contexts. Indeed, comparative analysis has become essential for legal scholars, and The Oxford Handbook of Comparative Health Law is the only resource that provides such an analysis in health law.

Access to Assisted Reproductive Technologies

Access to Assisted Reproductive Technologies
Author: Jennifer Merchant
Publisher: Berghahn Books
Total Pages: 242
Release: 2019-11-04
Genre: Medical
ISBN: 1789204321

Despite France and Belgium sharing and interacting constantly with similar culinary tastes, music and pop culture, access to Assisted Reproductive Technologies are strikingly different. Discrimination written into French law acutely contrasts with non-discriminatory access to ART in Belgium. The contributors of this volume are social scientists from France, Belgium, England and the United States, representing different disciplines: law, political science, philosophy, sociology and anthropology. Each author has attempted, through the prism of their specialties, to demonstrate and analyse how and why this striking difference in access to ART exists.

Assisted Reproduction, Discrimination, and the Law

Assisted Reproduction, Discrimination, and the Law
Author: Michelle Weldon-Johns
Publisher: Routledge
Total Pages: 191
Release: 2019-10-08
Genre: Law
ISBN: 0429879997

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.

Assisted Reproductive Technologies in the Third Phase

Assisted Reproductive Technologies in the Third Phase
Author: Kate Hampshire
Publisher: Berghahn Books
Total Pages: 284
Release: 2015-09-01
Genre: Medical
ISBN: 1782388087

Following the birth of the first “test-tube baby” in 1978, Assisted Reproductive Technologies became available to a small number of people in high-income countries able to afford the cost of private treatment, a period seen as the “First Phase” of ARTs. In the “Second Phase,” these treatments became increasingly available to cosmopolitan global elites. Today, this picture is changing — albeit slowly and unevenly — as ARTs are becoming more widely available. While, for many, accessing infertility treatments remains a dream, these are beginning to be viewed as a standard part of reproductive healthcare and family planning. This volume highlights this “Third Phase” — the opening up of ARTs to new constituencies in terms of ethnicity, geography, education, and class.

Regulating Creation

Regulating Creation
Author: Trudo Lemmens
Publisher: University of Toronto Press
Total Pages: 561
Release: 2017-01-23
Genre: Health & Fitness
ISBN: 144266634X

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.

The New Eugenics

The New Eugenics
Author: Judith Daar
Publisher: Yale University Press
Total Pages: 284
Release: 2017-02-21
Genre: Law
ISBN: 0300229038

A provocative examination of how unequal access to reproductive technology replays the sins of the eugenics movement Eugenics, the effort to improve the human species by inhibiting reproduction of “inferior” genetic strains, ultimately came to be regarded as the great shame of the Progressive movement. Judith Daar, a prominent expert on the intersection of law and medicine, argues that current attitudes toward the potential users of modern assisted reproductive technologies threaten to replicate eugenics’ same discriminatory practices. In this book, Daar asserts how barriers that block certain people’s access to reproductive technologies are often founded on biases rooted in notions of class, race, and marital status. As a result, poor, minority, unmarried, disabled, and LGBT individuals are denied technologies available to well-off nonminority heterosexual applicants. An original argument on a highly emotional and important issue, this work offers a surprising departure from more familiar arguments on the issue as it warns physicians, government agencies, and the general public against repeating the mistakes of the past.

The Law of Assisted Reproduction

The Law of Assisted Reproduction
Author: Seamus Burns
Publisher: Bloomsbury Publishing
Total Pages: 952
Release: 2020-03-04
Genre: Law
ISBN: 1526508206

The Law of Assisted Reproduction, Second Edition examines the impact of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) and the ongoing controversial issues that surround it from legal, ethical, moral, social and medical points of view. It also examines the contribution of Parliament in fashioning the legal provisions in the amended legislation. The second edition is updated to cover: - Abortion controversy and the current law in England and Wales - New case law on parentage of children born from IVF - ECHR case law concerning embryo research and fertility treatment - The Human Fertilisation and Embryology Act 1990 - the birth of the Human Fertilisation and Embryology Authority - The NHS IVF postcode lottery - Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015 - The Supreme Court case (In the matter of an application by the Northern Ireland Human Rights Commission for Judicial - Review (Northern Ireland) [2018] UKSC 27) on NI abortion law compatibility with ECHR - Sarah Ewart case - Re Z (A Child: Human Fertilisation and Embryology Act: Parental Order) - Parillo v Italy - Re A and others (Human Fertilisation and Embryology Act) - Consideration of ECHR dimensions The second edition also contains new chapters on: - Abortion law developments in Northern Ireland and the Republic of Ireland - Controversies relating to fertility treatment, embryonic research and abortion - Three parent Children-Mitochondrial Donation - Consideration of the key changes to the Code of Practice, (9th Edition), January 2019 This is an essential title for practitioners in medical/healthcare law and ethics, as well as national and international law libraries and students.