Assisted Reproduction on Treacherous Terrain: The Legal Hazards of Cross-Border Reproductive Travel

Reproductive Biomedicine Online, Vol. 23, pp. 538-545, 2011

Posted: 20 Oct 2011

See all articles by Richard F. Storrow

Richard F. Storrow

City University of New York School of Law

Date Written: October 13, 2011

Abstract

The growing phenomenon of cross-border reproductive travel has four significant legal dimensions. First, laws that ban or inhibit access to assisted reproductive procedures in one country lead patients and physicians to travel to other countries to acquire, to contribute to or to provide assisted reproductive services. Such laws may include provisions that criminalize those who assist or advise patients to undertake such travel. Second, the law may expressly criminalize crossing borders to obtain, to be a donor for or to perform certain procedures. Third, the law may interfere with the ultimate goal of reproductive travellers by refusing to recognize them as the parents of the child they have crossed borders to conceive. Finally, facilitating cross-border reproductive travel may expose physicians, attorneys and brokers to malpractice or other civil liability. This article explores these legal dimensions of cross-border reproductive care and uses the legal doctrines of proportionality, extraterritoriality and comity to assess the legality and normative validity of governmental efforts to curb or limit assisted reproductive practices.

Keywords: comity, cross-border reproductive care, extraterritoriality, malpractice, proportionality, reproductive tourism

JEL Classification: I11, I18, K32

Suggested Citation

Storrow, Richard F., Assisted Reproduction on Treacherous Terrain: The Legal Hazards of Cross-Border Reproductive Travel (October 13, 2011). Reproductive Biomedicine Online, Vol. 23, pp. 538-545, 2011. Available at SSRN: https://ssrn.com/abstract=1943541

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

Register to save articles to
your library

Register

Paper statistics

Abstract Views
626
PlumX Metrics
!

Under construction: SSRN citations while be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information