Assisted Reproductive Technology

نویسنده

  • John A. Robertson
چکیده

Legal battles over same-sex marriage and technological developments in assisted reproduction have placed the question of the right of gays and lesbians to procreate on the public agenda. This article analyzes the extent to which rights of procreative liberty extend to the use of assisted reproductive techniques to have children and whether, if such rights exist, they can be denied to persons who are gay or lesbian. It shows that unproven concerns about the impact of gay and lesbian parenting on offspring are not relevant to situations in which children have already been born to gays and lesbians or will come into existence as a result of their reproduction. As a result, concerns about impact on offspring are not a valid ground for denying gays and lesbians same-sex marriage or access to assisted reproductive technologies. The article concludes by applying this framework to currently available reproductive techniques, such as artificial insemination, egg donation, and surrogate motherhood, and to futuristic ones, such as the ability to screen embryos for “gay genes,” reproductive cloning by gays and lesbians, and the fusion of embryos or gametes from same-sex partners. † Vinson & Elkins Chair in Law at the University of Texas School of Law. The author is grateful to Les Green, Tim Murphy, and Tony Reese for helpful comments on an earlier draft and to Jon Hyland and Reese McKnight for expert research assistance. 1/21/2005 4:48:03 PM 324 CASE WESTERN RESERVE LAW REVIEW [Vol. 55:2

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P-174: Right to Treatment with Assisted Reproductive Technology

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تاریخ انتشار 2005