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Legal Issues in Prenatal and Preimplantation Genetic Diagnosis

PRENATAL AND PREIMPLANTATION GENETIC DIAGNOSIS, Forthcoming

Chicago-Kent College of Law Research Paper No. 2014-18

41 Pages Posted: 3 Jul 2014 Last revised: 27 Jul 2015

Valerie Gutmann Koch

University of Chicago - MacLean Center for Clinical Medical Ethics; New York State Task Force on Life and the Law; DePaul University - College of Law

Date Written: June 30, 2014

Abstract

The legal questions that arise as one considers the regulation and oversight of, access to, and use of preimplantation and prenatal genetic diagnosis are increasingly complex and nuanced. Often, they arise as constitutional questions, focusing on the various rights and interests at play, including those involving a woman’s ability to terminate a pregnancy for fetal anomaly, prospective parents’ desire to procreate by utilizing preimplantation genetic diagnosis, and the state’s (often countervailing) interest in protecting potential life. They may also arise as tort law questions involving providers’ malpractice/negligence and failure to provide informed consent. This chapter focuses on four primary legal issues or areas associated with prenatal and preimplantation genetic diagnosis. First, it addresses pregnancy termination for fetal anomalies discovered through prenatal genetic testing, both at the federal and state levels. It then provides a constitutional analysis of access to preimplantation genetic diagnosis and the state’s role in regulating the procedure. The chapter then turns to a discussion of existing oversight of preimplantation and prenatal genetic diagnosis. Finally, it explores issues of tort liability in the use of preimplantation and prenatal genetic diagnosis. Importantly, this chapter addresses whether information gleaned through prenatal or preimplantation genetic diagnosis is actionable under current legal standards, rather than the ethical question of whether it should be actionable.

Suggested Citation

Koch, Valerie Gutmann, Legal Issues in Prenatal and Preimplantation Genetic Diagnosis (June 30, 2014). PRENATAL AND PREIMPLANTATION GENETIC DIAGNOSIS, Forthcoming; Chicago-Kent College of Law Research Paper No. 2014-18. Available at SSRN: https://ssrn.com/abstract=2461025

Valerie Gutmann Koch (Contact Author)

University of Chicago - MacLean Center for Clinical Medical Ethics ( email )

5841 S Maryland Ave
Chicago, IL 60637-1470
United States

New York State Task Force on Life and the Law ( email )

90 Church Street
New York, NY 10007
United States

DePaul University - College of Law ( email )

25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States

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