Righting a Reproductive Wrong: A Statutory Tort Solution to Misrepresentation by Reproductive Tissue Providers

50 Pages Posted: 9 Nov 2022 Last revised: 30 May 2023

See all articles by Yaniv Heled

Yaniv Heled

Georgia State University College of Law

Hillel Y. Levin

University of Georgia School of Law

Timothy D. Lytton

Georgia State University College of Law

Liza Vertinsky

University of Maryland Carey School of Law

Date Written: November 8, 2022

Abstract

Fraud, misrepresentation, and other unfair trade practices plague the market for human reproductive tissue. The sale of sperm, eggs, and embryos is virtually unregulated in almost all states, and courts have been inhospitable to victims. As a result, children are born with genetic disorders that impose extreme financial and personal hardship. Proposals for direct government oversight have, for the most part, failed to gain traction, and litigation has yielded inadequate remedies.

This Article assesses these problems and proposes model legislation that would eliminate doctrinal obstacles to holding unscrupulous reproductive tissue providers liable. By making it easier for parents to bring tort claims, we aim to jump-start more effective government oversight and industry self-regulation. The proposed legislation is also responsive to political dynamics surrounding the abortion debate and, thus, stands a better chance of adoption than have prior proposals.

Keywords: assisted reproductive technology, sperm bank, tort liability, abortion politics, fraud

JEL Classification: I13, I14, I18

Suggested Citation

Heled, Yaniv and Levin, Hillel Y. and Lytton, Timothy D. and Vertinsky, Liza, Righting a Reproductive Wrong: A Statutory Tort Solution to Misrepresentation by Reproductive Tissue Providers (November 8, 2022). Houston Law Review, Vol. 60, No. 1, 2022, Available at SSRN: https://ssrn.com/abstract=4270874

Yaniv Heled

Georgia State University College of Law ( email )

85 Park Pl NE
Atlanta, GA 30303
United States
404-413-9092 (Phone)

Hillel Y. Levin

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

Timothy D. Lytton (Contact Author)

Georgia State University College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

HOME PAGE: http://law.gsu.edu/profile/timothy-d-lytton/

Liza Vertinsky

University of Maryland Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

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