Privatizing procreative liberty in the shadow of eugenics

Area of Science:

• Bioethics
• Reproductive Law
• Medical Ethics

Background:

• John Robertson's theory of 'procreative liberty' champions reproductive autonomy.
• This liberty extends beyond basic reproductive rights to include selecting desired offspring traits.
• Current US law permits extensive use of reproductive technologies for trait selection.

Purpose of the Study:

• To examine legal protections for individuals when reproductive technologies fail to achieve desired offspring traits.
• To extend the concept of procreative liberty to encompass professional negligence in reproductive medicine.
• To consider genetic uncertainty, private law limitations, and the history of eugenics in this context.

Main Methods:

• Legal and ethical analysis of procreative liberty theory.
• Extension of existing legal frameworks to reproductive technology failures.
• Examination of historical and societal contexts, including eugenics.

Main Results:

• The essay argues for extending procreative liberty to cover professional negligence in reproductive technology.
• It highlights the need to balance reproductive freedom with genetic uncertainties and legal limitations.
• The analysis underscores the importance of avoiding historical eugenic practices.

Conclusions:

• Procreative liberty should encompass protection against failures in reproductive technology, including professional negligence.
• Legal and ethical frameworks must adapt to the complexities of assisted reproduction and genetic selection.
• Sensitivity to genetic uncertainty and the history of eugenics is crucial for responsible reproductive choices.