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Sperm Banking as a Strategy to Reduce Harms Associated with Advancing Paternal Age

Food and Drug Law Journal, Vol. 70, No. 4, 2015

20 Pages Posted: 9 Jan 2016  

William C. Hudson

Covington & Burling LLP; Yale University, Law School, Students

Date Written: December 1, 2015

Abstract

Medical studies increasingly link paternal age with disorders in offspring. Associated disorders include autism, bipolar disorder, schizophrenia, and ADHD. Banking one’s sperm earlier in life, thereby reducing the effective paternal age at conception, would therefore seem to be a successful strategy for reducing risk to one's eventual offspring. But could a cryopreservation equipment manufacturer or a sperm bank lawfully claim that cryopreservation does more than preserve fertility — that it also prevents disease? This article considers arguments for and against FDA’s jurisdiction over such claims, and then makes recommendations for how the agency and Congress should respond.

Keywords: FDA, Advanced Paternal Age, Sperm Bank

Suggested Citation

Hudson, William C., Sperm Banking as a Strategy to Reduce Harms Associated with Advancing Paternal Age (December 1, 2015). Food and Drug Law Journal, Vol. 70, No. 4, 2015. Available at SSRN: https://ssrn.com/abstract=2712515

William Hudson (Contact Author)

Covington & Burling LLP

Washington, DC
United States

Yale University, Law School, Students ( email )

127 Wall Street
New Haven, CT 06511
United States
6789101066 (Phone)

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