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The case for regulating collaborative reproduction: a children's rights perspective.

Helen M Alvare1

  • 1Catholic University of America Columbus School of Law, Washington, DC, USA.

Harvard Journal on Legislation
|June 24, 2004
PubMed
Summary

Collaborative reproduction, using third-party gametes or embryos, lacks regulation. This article advocates for a children

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Area of Science:

  • Reproductive Law
  • Family Law
  • Children's Rights

Background:

  • Collaborative reproduction involves using eggs, sperm, or embryos from a third party.
  • This practice results in a child biologically unrelated to at least one intended parent.
  • Current legal frameworks offer minimal regulation for these assisted reproductive technologies.

Purpose of the Study:

  • To evaluate the lack of regulation in collaborative reproduction from a children's rights perspective.
  • To analyze the impact of experimental reproductive technologies on traditional family law.
  • To propose necessary regulatory adjustments for collaborative reproduction.

Main Methods:

  • Examination of the effects of experimental reproductive technologies.
  • Analysis of existing family law principles and constitutional protections (privacy, due process).
  • Argumentation based on children's rights and potential societal impacts (e.g., cloning).

Main Results:

  • Existing family law is challenged by the deliberate creation of collaboratively reproduced children.
  • Constitutional privacy and due process rights may impede regulation but do not negate children's rights.
  • Collaborative reproduction has implications for the acceptance of human cloning.

Conclusions:

  • A children's rights-centered approach is necessary to address the regulatory gap in collaborative reproduction.
  • Existing legal doctrines are insufficient for balancing the rights involved.
  • Specific regulatory frameworks are required to manage the complexities and societal effects of collaborative reproduction.
Keywords:
Genetics and ReproductionLegal Approach

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