The Constitutional Implications of Human Cloning

67 Pages Posted: 9 Nov 2009 Last revised: 19 Feb 2014

See all articles by Elizabeth Price Foley

Elizabeth Price Foley

Florida International University (FIU) - College of Law

Date Written: November 9, 2009


Given the theoretical inevitability of human cloning, this Article attempts to fill a current intellectual void by providing an analysis of the most significant legal implications of cloning human beings. Part II sets forth the basic science behind cloning and how cloning differs from other, non-traditional forms of procreation such as in vitro fertilization and artificial insemination. Part III discusses the most commonly feared “science fiction” abuses associated with human cloning and current laws that may prevent such abuses from occurring. Part IV discusses the possible constitutional impediments to banning human cloning, including the First Amendment, the procreational liberty interest of the Due Process Clause, and the Equal Protection Clause. Part V considers the possible governmental interest in regulating human cloning to assess whether such regulation would survive the applicable level of judicial scrutiny. The Article concludes that, contrary to popular public opinion, the current legal regime appears prepared to handle human cloning. Moreover, should Americans wish to ban the practice, they may not be able to do so consistent with the current Constitution.

Keywords: cloning, reproduction, reproductive, constitution, constitutional, clone

Suggested Citation

Foley, Elizabeth Price, The Constitutional Implications of Human Cloning (November 9, 2009). Arizona Law Review, Vol. 42, No. 3, 2000; Florida International University Legal Studies Research Paper No. 10-15. Available at SSRN: or

Elizabeth Price Foley (Contact Author)

Florida International University (FIU) - College of Law ( email )

11200 SW 8th St.
RDB Hall 1097
Miami, FL 33199
United States

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