To Err is Human: ART Mix-Ups - A Labor-Based, Relational Proposal

Iowa Journal of Race, Gender & Justice, Vol. 9, No. 3, Spring 2006

89 Pages Posted: 23 Mar 2006  

Leslie Bender

Syracuse University - College of Law

Abstract

Any human endeavor is prey to human error. The consequences of human error in the area of assisted reproductive technologies are magnified by our playing in the field of creation of new human lives and lifelong relationships. Stories of assisted reproductive technology (ART) mistakes continue to fascinate the media and popular culture, pain their multiple victims, and haunt the nightmares of ART participants, past, present, and future. Though there are many kinds of mistakes that can arise in these complex processes, this article focuses on mistakes or mix-ups involving the accidental use of incorrect gametes (sperm, ova, and embryos) during in vitro fertilization (IVF) procedures. After examining the reported mistakes and the ways that courts and statutes have resolved issues of ART mix-ups, this article suggests an alternative approach that is labor-based and child-centered. This approach has a particular sensitivity to women's gestational contributions to reproduction.

Keywords: Bioethics, family, assisted reproductive technologies, IVF, ARTs, gestational mother, genetic mother, genetics, race, gender, sex, feminism, women, feminism, genes, mother, pregnancy, mix-up, father, child-centered, child, infant, baby, embryo, parents, mistake, essentialism, labor, same-sex,

Suggested Citation

Bender, Leslie, To Err is Human: ART Mix-Ups - A Labor-Based, Relational Proposal. Iowa Journal of Race, Gender & Justice, Vol. 9, No. 3, Spring 2006. Available at SSRN: https://ssrn.com/abstract=889723

Leslie Bender (Contact Author)

Syracuse University - College of Law ( email )

Syracuse, NY 13244-1030
United States
315-443-2525 (Phone)
315-443-4213 (Fax)

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