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'The Orwellian Nightmare' Reconsidered: A Proposed Regulatory Framework for the Advanced Reproductive Technologies

86 Pages Posted: 22 Oct 2011  

Jean M. Eggen

Widener University - Delaware Law School

Date Written: 1991

Abstract

Use of the advanced reproductive technologies has progressed from purely experimental to virtually routine. Yet the advanced reproduction industry has developed largely unfettered by regulatory directives. Although the medical profession has self-regulated, opportunities for patient exploitation and substandard care persist. This article discusses the conflicting interests that have arisen as a result of the use of these technologies, including individual reproductive freedom, the patient’s rights as consumer, the interests of the physician as both health care provider and research scientist, the interests of third parties, and the status of the human embryo. The article proposes a regulatory framework consisting of graduated interest analysis to assist lawmakers in the difficult process of determining when and to what extent public regulation should supersede private self-regulation.

Keywords: reproductive technology, reproduction, health law, human embryo

JEL Classification: K32

Suggested Citation

Eggen, Jean M., 'The Orwellian Nightmare' Reconsidered: A Proposed Regulatory Framework for the Advanced Reproductive Technologies (1991). Georgia Law Review, Vol. 25, No. 3, 1991. Available at SSRN: https://ssrn.com/abstract=1947009

Jean Macchiaroli Eggen (Contact Author)

Widener University - Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States
(302) 477-2155 (Phone)

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