Abstract

http://ssrn.com/abstract=1648622
 
 

Footnotes (31)



 


 



Tort Law and in Vitro Fertilization: The Need for Legal Recognition of 'Procreative Injury'


Joshua Kleinfeld


Northwestern University - School of Law

July 25, 2010

115 Yale Law Journal Online 237 (2005)
Northwestern Public Law Research Paper No. 12-41

Abstract:     
Prospective parents who attempt in vitro fertilization, and who suffer in humanly grievous ways when the medical procedures go awry due to negligence, almost never recover in their tort suits. The problem is that their injuries are not cognizable under existing tort law categories. When, for example, a doctor implants the wrong person’s eggs in the uterus of a woman seeking to become pregnant, there is no obvious physical injury beyond that which the woman agreed to, nor loss of property, nor even emotional distress that would permit recovery under existing law. But plainly she has suffered a serious harm for which, assuming negligence, she ought to recover. This paper argues that, in response to new reproductive technologies, tort law must recognize a new category of injury - procreative injury - based on an unacknowledged human interest: the procreative interest. The paper attempts to define that interest and describe the kinds of suit it would authorize.

Number of Pages in PDF File: 10

Keywords: Assisted Reproduction, In Vitro Fertilization, Reproductive Rights, Procreation, Tort Law, Jurisprudence, Legal Theory

Accepted Paper Series


Download This Paper

Date posted: July 26, 2010 ; Last revised: December 29, 2012

Suggested Citation

Kleinfeld, Joshua, Tort Law and in Vitro Fertilization: The Need for Legal Recognition of 'Procreative Injury' (July 25, 2010). 115 Yale Law Journal Online 237 (2005); Northwestern Public Law Research Paper No. 12-41. Available at SSRN: http://ssrn.com/abstract=1648622

Contact Information

Joshua Kleinfeld (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
Feedback to SSRN


Paper statistics
Abstract Views: 408
Downloads: 80
Download Rank: 174,530
Footnotes:  31

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.469 seconds