Conception and the Irrelevance of the Welfare Principle

28 Pages Posted: 24 Nov 2002

See all articles by Emily Jackson

Emily Jackson

London School of Economics - Law School; London School of Economics - Law School; Queen Mary University London - School of Law

Abstract

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.

Suggested Citation

Jackson, Emily and Jackson, Emily, Conception and the Irrelevance of the Welfare Principle. Available at SSRN: https://ssrn.com/abstract=309341

Emily Jackson (Contact Author)

London School of Economics - Law School ( email )

Houghton Street
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United Kingdom
020 7955 7256 (Phone)

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom
020 7955 7256 (Phone)

Queen Mary University London - School of Law ( email )

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London, WC2A 3JB
United Kingdom

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