Legal Issues in Biotechnology and Human Reproduction: Artificial Conception and Modern Genetics

Legal Issues in Biotechnology and Human Reproduction: Artificial Conception and Modern Genetics

Legal Issues in Biotechnology and Human Reproduction: Artificial Conception and Modern Genetics

Legal Issues in Biotechnology and Human Reproduction: Artificial Conception and Modern Genetics

Synopsis

Freedman provides a comprehensive examination of the legal, ethical, and moral dilemmas posed by recent advances in biological engineering and human reproduction. His wide-ranging analysis includes discussion of the rights of fetuses, donors, and adoptive parents; the liability of physicians; patentable organisms and other new developments in research; and a review of existing statutes, policies, and contracts that attempt to deal with these issues both here and abroad. In addition the author explores possible legal and policy remedies that may help to establish the rights and responsibilities of individuals, families, and the greater society in the face of these new developments.

Excerpt

Modern biological science has brought forth many modern miracles, but none has achieved greater notoriety than artificial fertilization of the egg by the sperm in helping to solve infertility. Millions of American couples desire to procreate, or to employ the services of a surrogate mother, so as to commence the upbringing of a family. Interrelated to this natural human longing are the intricate legal relationships that must arise. Recent headlines proclaim that a surrogate mother who was paid handsomely for her services in giving birth to a child may still back out of the contract, or may seek revision of the contract, by either increasing the amount of her stipend or by refusing to tender the child she had carried for the nine-month period.

This book defines and delineates all aspects of the artificial relationship, and endeavors to reveal the legal rights and responsibilities of the parties. New concepts like cryopreservation, in vitro fertilization, banking of sperms and eggs, and patentable new organisms are delineated. The chapters look at artificial insemination and legal problems such as abortion, adultery, adoption, and "baby selling." Chapter 6 deals with religion and morality in the creation of the new family. Several chapters discuss the legal liability of the physician, and others, the defense of nonpaternity, the common law marriage, pre- and postnatal injuries to the child, and so forth. There is even a look at the international aspects in Australia, Canada, England, Israel, and Italy, and a final chapter on forms of contracts and statutes affecting the creation of the new family.

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