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Test Tube FamiliesWhy the Fertility Market Needs Legal Regulation$
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Naomi R. Cahn

Print publication date: 2009

Print ISBN-13: 9780814716823

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814716823.001.0001

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The Treatment Plan for Legal Issues

The Treatment Plan for Legal Issues

(p.13) 1 The Treatment Plan for Legal Issues
Test Tube Families

Naomi R. Cahn

NYU Press

This chapter considers the problematic and complicated status of legal regulation of three issues underlying assisted reproductive technology (ART) and other reproductive technologies: the market in gametes, the creation of familial relationships through ART, and the identity interests of the resulting children. It begins with an overview of the case of Brittany Johnson, the first to allow for breach of the promise of confidentiality to a sperm provider. It then considers other events reported in May 2006 involving human gametic material and the dilemmas of applying conflicting values to egg and sperm donation. It also discusses market regulation and relational regulation of gamete provision and argues that states should adopt legislation specifying the relationships resulting from gamete transfer. Finally, it emphasizes the importance of developing new legal approaches to the reproductive technology market that take into account the relationships between sperm and egg providers, recipients, children, and the state.

Keywords:   legal regulation, gametes, assisted reproductive technology, children, Brittany Johnson, sperm donation, market regulation, gamete provision, gamete transfer, reproductive technology market

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