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Commerce and Regulation in the Assisted Reproduction Industry

John A. Robertson
University of Texas Law School



Texas Law Review, Vol. 85, pp. 665-702, 2007
U of Texas Law, Public Law Research Paper No. 127

Abstract:     
With assisted reproduction and its many variations now firmly assimilated into medical and social practice, criticisms of that industry as unduly commercial and lacking regulation are rife. Harvard Business School Professor Debora Spar's The Baby Business (2006) takes such an approach. This essay shows that without a more focused assessment of the demand, supply, and competition factors comprising the "market for babies," such criticisms are insufficiently anchored to support sound policy initiatives. It discusses six areas of current controversy - legal infrastructure, the high rate of twinning, payment for gametes and gestation, genetic screening and selection of embryos, culture of life constraints, and centralized regulation - to show that the business and commercial side of assisted reproduction should not be of primary policy concern in resolving the many local issues that the field presents.

Accepted Paper Series

Date posted: May 08, 2007 ; Last revised: May 23, 2007

Suggested Citation

Robertson, John A., Commerce and Regulation in the Assisted Reproduction Industry. Texas Law Review, Vol. 85, pp. 665-702, 2007; U of Texas Law, Public Law Research Paper No. 127. Available at SSRN: http://ssrn.com/abstract=984329


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Contact Information

John A. Robertson (Contact Author)
University of Texas Law School ( email )
727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1307 (Phone)
512-232-2399 (Fax)
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