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Accidental Incest: Drawing the Line - Or the Curtain? - For Reproductive Technology

Naomi Cahn
George Washington University - Law School



Harvard Journal of Law and Gender, 2009
GWU Legal Studies Research Paper No. 437
GWU Law School Public Law Research Paper No. 437

Abstract:     
This article calls for setting limits on the number of offspring born from any one individual's gametes, and for continuing to sanction incest, even when it comes to adult, inter-sibling consensual behaviour. The article examines the issues of inadvertent consanguinity raised by third-party gamete use through a feminist lens on both incest and reproductive technology. The central questions concern regulation of reproductive technology, such as whether legal restrictions on the fertility market might diminish the possibilities of accidental incest, as well as whether criminal and civil sanctions of intrafamilial sexual behavior should apply to relationships created through reproductive technology; these, in turn, require examinations of the fertility business itself as well as broader justifications for incest prohibitions.

Keywords: family law, gametes, incest, reproductive technology, intrafamilial sexual behavior

JEL Classifications: I18, J13, K10, O33

Accepted Paper Series

Date posted: September 08, 2008 ; Last revised: September 08, 2008

Suggested Citation

Cahn, Naomi R., Accidental Incest: Drawing the Line - Or the Curtain? - For Reproductive Technology. Harvard Journal of Law and Gender, 2009; GWU Legal Studies Research Paper No. 437; GWU Law School Public Law Research Paper No. 437. Available at SSRN: http://ssrn.com/abstract=1263980


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Naomi R. Cahn (Contact Author)
George Washington University - Law School ( email )
2000 H Street, N.W.
Washington, DC 20052
United States
202-994-6025 (Phone)
202-994-5614 (Fax)
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