The Pluralism Problem in Cross-Border Reproductive Care

Human Reproduction, Vol. 25, pp. 2939-2943, 2010

Posted: 25 Nov 2010

See all articles by Richard F. Storrow

Richard F. Storrow

City University of New York School of Law

Date Written: October 28, 2010

Abstract

Outlawing well established forms of assisted reproduction places obstacles in the path of couples who wish to attain their reproductive goals with medical assistance. One effect of restrictive reproductive laws that has received widespread attention is cross-border reproductive travel. In Europe, such travel is permitted by the policy of free movement of persons that is a cornerstone of the democratic and economic stability of the European Union. Cross-border reproductive travel fails to promote moral and political pluralism in democratic states for three primary reasons. First, the opportunity for patients to go abroad for treatment tempers organized resistance to the law and allows government to pass stricter regulations than it otherwise might. Second, cross-border reproductive care has been shown to have deleterious extraterritorial effects that undermine the articulated rationales behind restrictive reproductive laws. Third, laws that generate demand for cross-border reproductive care often fail to satisfy the standard of proportionality that restrictions on human reproduction must meet.

Keywords: Cross-Border Reproductive Care, Reproductive Tourism, Democracy, Pluralism, Law, Proportionality

Suggested Citation

Storrow, Richard F., The Pluralism Problem in Cross-Border Reproductive Care (October 28, 2010). Human Reproduction, Vol. 25, pp. 2939-2943, 2010, Available at SSRN: https://ssrn.com/abstract=1699153

Richard F. Storrow (Contact Author)

City University of New York School of Law ( email )

2 Court Square
Long Island City, NY 11101-4356
United States
(718) 340-4538 (Phone)

HOME PAGE: http://www.law.cuny.edu/faculty/directory/storrow.html

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