Regulating Reproduction Law, Technology and Autonomy

by Jackson, Emily

• ISBN13: 9781841130545
• ISBN10: 1841130540
• Format: Hardcover
• Copyright: 2001-10-12
• Publisher: Hart Publishing

Summary

This new book provides a clear and accessible analysis of the various ways in which human reproduction is regulated. A comprehensive exposition of the law relating to birth control,abortion, pregnancy, childbirth, surrogacy and assisted conception is accompanied by an exploration of some of the complex ethical dilemmas that emerge when one of the most intimate areas of human life is subjected to regulatory control. Throughout the book, two principal themes recur. First, particular emphasis is placed upon the special difficulties that arise in regulating new technological intervention in all aspects of the reproductive process. Second, the concept of reproductive autonomy is both interrogated and defended. This book offers a readable and engaging account of the complex relationships between law, technology and reproduction. It will be useful for lecturers and students taking medical law or ethics courses. It should also be of interest to anyone with a more general interest in women s bodies and the law, or with the profound regulatory consequences of new technologies.

Author Biography

Emily Jackson is Professor of Law at the London School of Economics.

Table of Contents

Table of Cases	p. xiii
Table of Legislation	p. xix
In Defence of Reproductive Autonomy	p. 1
Birth Control	p. 11
Introduction	p. 11
Regulating Access to Birth Control	p. 13
United Kingdom	p. 13
Developing Countries	p. 21
Defective Birth Control	p. 25
Defective Sterilisation	p. 25
Defective Contraception	p. 39
Involuntary Birth Control	p. 42
A Brief History of Eugenic Sterilisation	p. 42
Compulsory Birth Control	p. 46
Sterilisation in Cases of Incapacity	p. 54
Conclusion	p. 68
Abortion	p. 71
Introduction	p. 71
The Law	p. 76
Access to Abortion	p. 85
Special Problems	p. 87
Distinguishing between Contraception and Abortion	p. 87
Are some abortions morally "worse" than others?	p. 90
Conclusion	p. 110
Pregnancy and Childbirth	p. 113
Introduction	p. 113
Regulation of Prenatal Care and Obstetric Services	p. 116
Access and accountability	p. 116
The medicalisation of pregnancy and childbirth	p. 119
Forced Caesarean Sections	p. 131
Controlling Pregnancy	p. 140
Third Parties	p. 140
"Maternal" immunity	p. 142
"Maternal" liability	p. 147
Health Promotion	p. 151
Employment	p. 152
Health promotion programmes	p. 155
Conclusion	p. 159
Reproductive Technologies	p. 161
Introduction	p. 161
What is Infertility?	p. 162
What are Reproductive Technologies?	p. 163
Cryopreservation	p. 163
Assisted insemination by husband/partner	p. 164
Donor insemination	p. 165
Oocyte (egg) donation	p. 165
In vitro fertilisation	p. 166
Gamete intra-fallopian transfer	p. 167
Micromanipulation	p. 168
Cloning	p. 168
Critics of Reproductive Technologies	p. 169
Unnaturalness	p. 169
Child welfare arguments	p. 173
The feminist critique	p. 174
Regulation in the UK	p. 182
Controlling the provision of treatment	p. 184
Regulating access	p. 190
Regulating the status and use of gametes	p. 205
Regulating the status and use of the embryo	p. 226
Parentage	p. 236
Regulating new technologies	p. 241
Conclusion	p. 258
Surrogacy	p. 261
Introduction	p. 261
The Law	p. 264
Commercialisation	p. 264
Status	p. 266
Acquiring legal parenthood	p. 272
(Non) regulation	p. 280
Reform	p. 283
Is Surrogacy Acceptable?	p. 291
An option of last resort?	p. 293
Why don't "they" adopt instead?	p. 294
Harm to children?	p. 295
Risk of exploitation	p. 297
Commodification of reproduction	p. 305
Lessons from Contract Law	p. 308
Conclusion	p. 315
Postscript	p. 317
Bibliography	p. 325
Index	p. 365
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