Duty to the Unborn: A Response to Smolensky
Hastings Law Journal, Vol. 60, p. 377, 2008
19 Pages Posted: 2 Feb 2009
Date Written: February 2, 2009
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
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