Duty to the Unborn: A Response to Smolensky

Hastings Law Journal, Vol. 60, p. 377, 2008

19 Pages Posted: 2 Feb 2009  

Jaime S. King

University of California Hastings College of the Law

Date Written: February 2, 2009

Abstract

This article responds to Professor Kirsten Smolensky's article in Hastings Law Journal titled Creating Children with Disabilities: Parental Tort Liability for Preimplantation Genetic Interventions by arguing in favor of creating a duty for individuals to act as reasonably prudent parents with respect to their preimplantation reproductive decisions. In addition, the article advocates use of a balancing test to determine the reasonableness of parents' choices when compared to the risks associated with using genetic testing and assisted reproductive technologies. The article concludes with an argument for national regulation as the primary social response to challenges associated with assisted reproductive technology rather than tort liability.

Keywords: Preimplantation Genetic Diagnosis, Preimplantation Genetic Screening, Disability, Genetic, Embryos, Tort

Suggested Citation

King, Jaime S., Duty to the Unborn: A Response to Smolensky (February 2, 2009). Hastings Law Journal, Vol. 60, p. 377, 2008. Available at SSRN: https://ssrn.com/abstract=1336375

Jaime S. King (Contact Author)

University of California Hastings College of the Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States
415-581-0415 (Phone)

Paper statistics

Downloads
103
Rank
218,493
Abstract Views
779