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Control and compensation: laws governing extracorporeal generative materials.
1American Bar Foundation, Chicago, Illinois 60611.
The Journal of Medicine and Philosophy
|October 1, 1989
Summary
This study examines legal and ethical considerations for assisted reproductive technologies, including in vitro fertilization and surrogacy. It suggests a privacy-based framework for regulating these procedures, balancing progenitor control with informed consent and quality assurance.
Area of Science:
- Bioethics
- Reproductive Law
- Public Policy
Background:
- The Vatican Instruction recommends banning assisted reproductive technologies (ARTs) like in vitro fertilization (IVF), gamete donation, embryo donation, and surrogacy.
- The Office of Technology Assessment (OTA) Report on Infertility presents various policy options for managing these reproductive procedures.
Purpose of the Study:
- To analyze policy choices for reproductive technologies within the U.S. constitutional right to privacy.
- To propose a regulatory framework that empowers progenitors to control their generative materials and receive compensation.
Main Methods:
- Legal analysis of constitutional privacy rights.
- Policy review of existing reports and recommendations on reproductive technologies.
Main Results:
- The U.S. Constitution's right to privacy supports progenitor control over generative materials.
- Regulation should incorporate informed consent and quality assurance measures.
Conclusions:
- A privacy-centric legal framework can guide policy on assisted reproduction.
- Balancing progenitor rights with ethical considerations is crucial for regulating IVF, gamete/embryo donation, and surrogacy.