86 Pages Posted: 22 Oct 2011
Date Written: 1991
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: 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