The late John Robertson is renowned for the theory of 'procreative liberty' that he expounded in his pioneering book, . Procreative liberty captures the 'freedom to reproduce without sex' above and beyond the 'freedom to have sex without reproduction' that are recognized by constitutional rights to abortion and birth control. Most controversial among Robertson's work on procreative liberty was its application to prenatal selection. Unless the state had very good reasons, he argued, people should be free to access reproductive medicine or technology to have a child who or would be born with particular traits. Prospective parents in the USA today face no official limits in using sperm banks, egg vendors, IVF clinics, or surrogacy agencies with an eye toward choosing for certain characteristics. But should they be protected, this essay asks, when mix-ups or misdiagnoses thwart the selection of offspring traits? The best answer to this question extends the theory of procreative liberty from government restrictions to professional negligence. It also demands sensitivity to genetic uncertainty, the limits of private law, and the history of eugenics in America. Or so I argue in this tribute to the inimitable John Robertson.
Download full-text PDF |
Source |
|---|---|
| http://www.ncbi.nlm.nih.gov/pmc/articles/PMC6121041 | PMC |
| http://dx.doi.org/10.1093/jlb/lsy011 | DOI Listing |
Publication Analysis
Top Keywords
Similar Publications
Building a Progressive Reproductive Law in South Africa.
Health Hum Rights
December 2023
Professor at the School of Law, University of KwaZulu-Natal, Durban, South Africa.
This article delves into the expansion of procreative freedom in relation to assisted reproductive technologies (ARTs) in South African law, with reference to three seminal cases. In the case of , the minority of the South African Constitutional Court held that the constitutional right to procreative freedom is applicable to ARTs. Importantly, both the minority and the majority agreed on the principle of procreative non-maleficence-the principle that harm to the prospective child constitutes a legitimate reason to limit the procreative freedom of the prospective parents.
View Article and Find Full Text PDFWhat You're Rejecting When You're Expecting.
J Bioeth Inq
September 2023
University of Massachusetts Lowell, 883 Broadway St., Dugan Hall 200L, MA, 01852, Lowell, USA.
I defend two collapsing or reductionist arguments against weak pro-natalism (WPN), the view that procreation is generally merely permissible. In particular, I argue that WPN collapses into strong pro-natalism (SPN), the view that procreation is generally obligatory. Because SPN conflicts with the dominant view that procreation is never obligatory, demonstrating that WPN collapses into or entails SPN establishes epistemic parity (at least as concerns reproductive liberty) between WPN and anti-natalism (AN), the view that procreation is always impermissible.
View Article and Find Full Text PDFGestational Surrogacy and Ethical Considerations.
S D Med
February 2023
University of South Dakota Sanford School of Medicine, Sioux Falls, South Dakota.
Gestational surrogacy provides patients with the ability to reproduce in the wake of medical contraindications to pregnancy or an inability to become pregnant. Outcomes of gestational surrogacy are overall positive and are quite similar to those of other assisted reproductive technologies. Gestational surrogacy presents several ethical considerations, including gestational carrier autonomy, procreative liberty, access to care, and cross-border surrogacy.
View Article and Find Full Text PDFThe Unitive Meaning of the Conjugal Act in Evaluating Assisted Reproductive Technologies.
Linacre Q
November 2022
Catholic Medical Association, Fort Washington, PA, USA.
Humanae Vitae taught that sexual relations must respect both the procreative and unitive meanings of the marital act. Most Catholic ethical analysis of assisted reproductive technologies (ART) has focused on whether the procedure assists or replaces the conjugal act. This paper proposes that such an approach is missing an essential element-namely, whether the procedure respects the unitive meaning of the conjugal act.
View Article and Find Full Text PDFNegotiating 'Surrogate Mothering' and Women's Freedom.
Asian Bioeth Rev
July 2022
Department of Philosophy, Ramanujan College, University of Delhi, Delhi, India.
Surrogacy is one of the desired reproductive technologies for family formation, yet surrogate mothers are subjected to unethical treatments and unbalanced power relations in India. Such treatment obscures women's free decision-making and can be detrimental to their maternal self. Recently, the Surrogacy (Regulation) Act, 2021, has received the President's approval to regulate surrogacy practices by limiting them for the altruistic motives which have again provoked the burning debates regarding reproductive technologies, women's emancipation and procreative labour.
View Article and Find Full Text PDFWant AI Summaries of new PubMed Abstracts delivered to your In-box?
Enter search terms and have AI summaries delivered each week - change queries or unsubscribe any time!