Test Tube Families: Why the Fertility Market Needs Legal Regulation
Naomi R. Cahn
Abstract
The birth of the first test tube baby in 1978 focused attention on the sweeping advances in assisted reproductive technology (ART), which is now a multi-billion-dollar business in the United States. Sperm and eggs are bought and sold in a market that has few barriers to its skyrocketing growth. While ART has been an invaluable gift to thousands of people, creating new families, the use of someone else's genetic material raises complex legal and public policy issues that touch on technological anxiety, eugenics, reproductive autonomy, identity, and family structure. How should the use of gameti ... More
The birth of the first test tube baby in 1978 focused attention on the sweeping advances in assisted reproductive technology (ART), which is now a multi-billion-dollar business in the United States. Sperm and eggs are bought and sold in a market that has few barriers to its skyrocketing growth. While ART has been an invaluable gift to thousands of people, creating new families, the use of someone else's genetic material raises complex legal and public policy issues that touch on technological anxiety, eugenics, reproductive autonomy, identity, and family structure. How should the use of gametic material be regulated? Should recipients be able to choose the “best” sperm and eggs? Should a child ever be able to discover the identity of her gamete donor? Who can claim parental rights? This book explores these issues and many more, noting that although such questions are fundamental to the new reproductive technologies, there are few definitive answers currently provided by the law, ethics, or cultural norms. As a new generation of “donor kids” comes of age, the book calls for better regulation of ART, exhorting legal and policy-making communities to cease applying piecemeal laws and instead create legislation that sustains the fertility industry while simultaneously protecting the interests of egg and sperm donors, recipients, and the children that result from successful transfers.
Keywords:
test tube baby,
assisted reproductive technology,
sperm donors,
eggs,
eugenics,
autonomy,
gametic material,
parental rights,
fertility industry
Bibliographic Information
Print publication date: 2009 |
Print ISBN-13: 9780814716823 |
Published to NYU Press Scholarship Online: March 2016 |
DOI:10.18574/nyu/9780814716823.001.0001 |