Baby Needs a New Set of Rules: Using Adoption Doctrine to regulate Embryo Donation

5 Georgetwon J. Gender & L. 677 (2004)

45 Pages Posted: 4 Sep 2019

See all articles by Paula J. Manning

Paula J. Manning

University of the Pacific - McGeorge School of Law; University of Detroit Mercy - School of Law

Date Written: August 1, 2004

Abstract

By treating embryos primarily as property, exisiting laws deny children conceived via assisted reproductive technology many of the protections and benefits provided to adopted children. This article describes collaborative reproduction techniques, reviews existing rules on the status of embryos, including parentage decisions in assisted reproduction cases, and compares those rules with adoption regulation. The article argues that an “intended child” approach should be used to regulate the treatment of embryos once they are intended for producing children, thereby avoiding potential concerns based on privacy rights, while providing children conceived via collaborative reproduction with the same rights and benefits provided to adoptees.

Keywords: adoption, embryo, collaborative reproduction, egg donor, sperm donor, donor, privacy, in vitro, artificial insemination

JEL Classification: 118, 119, K11

Suggested Citation

Manning, Paula J. and Manning, Paula J., Baby Needs a New Set of Rules: Using Adoption Doctrine to regulate Embryo Donation (August 1, 2004). 5 Georgetwon J. Gender & L. 677 (2004), Available at SSRN: https://ssrn.com/abstract=3443197

Paula J. Manning (Contact Author)

University of Detroit Mercy - School of Law ( email )

651 East Jefferson Avenue
Detroit, MI 48226
United States

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States

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