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Related Experiment Videos

Conceiving harm: disability discrimination in assisted reproductive technologies.

Carl H Coleman1

  • 1Health Law & Policy Program, Seton Hall Law School, USA.

UCLA Law Review. University of California, Los Angeles. School of Law
|May 29, 2004
PubMed
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The Americans with Disabilities Act (ADA) applies to assisted reproductive technology (ART) denials. This framework balances patient rights against potential risks to a child, comparing treatment options instead of focusing solely on the child's potential suffering.

Area of Science:

  • Law and Medicine
  • Bioethics
  • Reproductive Technology

Background:

  • Assisted reproductive technology (ART) practitioners face legal and ethical challenges when denying treatment to patients with disabilities.
  • Stigma surrounding disability and reproduction complicates ART decisions.
  • Potential risks to a child resulting from a parent's disability raise ethical concerns for practitioners.

Purpose of the Study:

  • To develop a framework for applying the Americans with Disabilities Act (ADA) to disability-based denials of ART.
  • To address the competing considerations of patient rights and potential risks to the child.
  • To examine the application of ADA precedents in the context of ART decisions.

Main Methods:

  • Analysis of legal and ethical issues surrounding ADA and ART.
Keywords:
Americans with Disabilities Act 1990Genetics and ReproductionLegal Approach

Related Experiment Videos

  • Development of a comparative framework for assessing risks and benefits of ART.
  • Examination of existing ADA precedents for application to reproductive technology.

    • Main Results:

    • Rejects the "child's preference for nonexistence" standard for assessing risks.
    • Proposes a comparative framework evaluating risks and benefits against alternative reproductive and parenting options.
    • Provides a theoretical justification for the comparative framework.

    Conclusions:

    • The proposed framework offers a balanced approach to disability-based ART denials.
    • It provides guidance for practitioners navigating complex legal and ethical considerations.
    • Further examination of ADA precedents in ART is warranted.