Listening to LGBTQ People on Assisted Human Reproduction: Access to Reproductive Material, Services, and Facilities

in Regulating Creation: The Law, Ethics, and Policy of Assisted Human Reproduction, ed. Trudo Lemmens (University of Toronto Press, 2016) (Forthcoming)

32 Pages Posted: 28 Jun 2016

See all articles by Stu Marvel

Stu Marvel

Emory University School of Law; University of Leeds - School of Law

Lesley Tarasoff

Interdisciplinary Centre for Health & Society, University of Toronto Scarborough; Centre for Addiction and Mental Health

Rachel Epstein

LGBTQ Parenting Network

Datejie Cheko Green

Western University

Leah Steele

University of Toronto - Saint Michael's Hospital

Lori Ross

University of Toronto - Faculty of Medicine

Date Written: June 24, 2016

Abstract

This chapter aims to demonstrate a series of issues faced by lesbian, gay, bisexual, trans and queer [LGBTQ] people seeking assisted human reproduction [AHR] services. We write this as members of a qualitative, community-based study that has aimed to shed light on the experiences of LGBTQ people in Ontario, Canada who have used or have considered using AHR services to have biologically related children. In line with community-based research principles, this study was guided by an advisory committee of AHR service providers and service users. In total, sixty-six LGBTQ people from across Ontario were interviewed about their experiences with AHR services. Representing to our knowledge the largest project of its kind, this pilot study was conducted collaboratively by researchers at the Centre for Addiction and Mental Health, the Sherbourne Health Centre, and Osgoode Hall Law School.

Based on this research, we point out the gaps and limitations in the current regulatory framework and offer suggestions to ensure a more equitable access and utilization of AHR services by LGBTQ people in Canada. The chapter draws upon data from the “Creating Our Families” study to demonstrate how reproductive policy affects LGBTQ people in distinctive ways. Although there are other areas of law that impact how LGBTQ people access and use AHR services, this chapter takes up the pressing consideration of access to reproductive materials, services, and facilities. Our research shows that questions of access pose unique challenges for LGBTQ people accessing AHR, few of which have been addressed within Canadian case law or legislation. In highlighting these areas of inequality and differential access to reproductive assistance and materials, we hope to encourage future developments in AHR legislation to take into account the specific concerns of LGBTQ parents and parents-to-be.

Keywords: Reproductive Technology, LGBTQ, Community-Based Research, Law, ART, AHR

Suggested Citation

Marvel, Stu and Tarasoff, Lesley and Epstein, Rachel and Green, Datejie Cheko and Steele, Leah and Ross, Lori, Listening to LGBTQ People on Assisted Human Reproduction: Access to Reproductive Material, Services, and Facilities (June 24, 2016). in Regulating Creation: The Law, Ethics, and Policy of Assisted Human Reproduction, ed. Trudo Lemmens (University of Toronto Press, 2016) (Forthcoming). Available at SSRN: https://ssrn.com/abstract=2800114

Stu Marvel (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

University of Leeds - School of Law ( email )

Leeds LS2 9JT
United Kingdom

Lesley Tarasoff

Interdisciplinary Centre for Health & Society, University of Toronto Scarborough ( email )

1265 Military Trail
Toronto, Ontario M1C 1A4
Canada

HOME PAGE: http://www.latarasoff.com

Centre for Addiction and Mental Health ( email )

1001 Queen Street West
Toronto, Ontario M6J 1H1
Canada

Rachel Epstein

LGBTQ Parenting Network ( email )

333 Sherbourne St
Toronto, M5A 2S5
Canada

Datejie Cheko Green

Western University ( email )

1151 Richmond St
London, Ontario N6A 3K7
Canada

Leah Steele

University of Toronto - Saint Michael's Hospital ( email )

30 Bond Street
30 Bond Street
Toronto, Ontario M5B 1W8
Canada

Lori Ross

University of Toronto - Faculty of Medicine ( email )

Toronto, Ontario M5S 3G8
Canada

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