What About Me: How Far Do We Go in the Best Interest of the Child in Assisted Reproductive Technology

Queensland University of Technology Law and Justice Journal, Vol. 6, No. 2, pp. 214-229, 2006

Monash University Faculty of Law Legal Studies Research Paper No. 2007/38

17 Pages Posted: 24 Apr 2009

See all articles by Karinne Ludlow

Karinne Ludlow

Monash University - Faculty of Law

Date Written: April 20, 2009

Abstract

The interests and welfare of children born with the assistance of ART are required to be addressed under State ART legislation and professional guidelines. However, these provide little guidance on what is meant by ‘interests’ or ‘welfare’. By examining the legislation, guidelines and regulating authorities’ own documents, together with recent court decisions at two frontiers relevant to ART, claims arising following negligent pre-implantation genetic diagnosis and posthumous reproduction, this article considers how far to go in interpreting the terms. It concludes that the courts have provided little guidance on the issue and therefore society must consider some difficult issues.

Keywords: Assisted Reproductive Technology, children, welfare, disability, liability

JEL Classification: K0, K00, K29, K49

Suggested Citation

Ludlow, Karinne, What About Me: How Far Do We Go in the Best Interest of the Child in Assisted Reproductive Technology (April 20, 2009). Queensland University of Technology Law and Justice Journal, Vol. 6, No. 2, pp. 214-229, 2006; Monash University Faculty of Law Legal Studies Research Paper No. 2007/38. Available at SSRN: https://ssrn.com/abstract=1368035

Karinne Ludlow (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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