Conception and the Irrelevance of the Welfare Principle
28 Pages Posted: 24 Nov 2002
This article challenges the assumption that their future children's welfare is a relevant consideration when deciding whether to provide a person with assisted conception services. It does not argue that infertility treatment ought to be available as of right. Rather, this article's proposal is that section 13(5) - which specifies that no-one shall receive assistance with conception unless account has first been taken of the welfare of any child who might be born - should be deleted from the Human Fertilisation and Embryology Act 1990. Extending the "welfare principle" to decisions taken prior to a child's conception is shown to be unjust, meaningless and inconsistent with existing legal principle.
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