Carmen DRAGHICI
Draghici contends that the advent of assisted reproductive technologies has given rise to new fundamental, albeit not unqualified, rights. They include the right to use medically assisted procreation (e.g. artificial insemination, in vitro fertilisation, potentially gamete donation, posthumous conception or surrogacy) in order to become a parent (typically where natural procreation is hindered by infertility, sexual orientation, relationship status or adverse life events), the recognition of intention-based parenthood in relation to donor-conceived children jointly planned and raised with the genetic parent, and the right to pursue the conception of a healthy child (e.g. through recourse to preimplantation genetic diagnosis and embryo selection to avoid severe illness in future offspring). To substantiate this claim, the book relies on a comprehensive analysis of international case-law on procreative autonomy, contextualised by a discussion of highly divisive bioethical controversies, from the status of embryos to the morality of genetic screening and third-party reproduction.
Table of International Cases page
Table of International Instruments
Introduction
1. Parenthood Aspirations and Justiciable Rights
1.1. Reproductive Technologies, Bioethics and the Rise of New Human Rights Claims2. A Right to a Genetically Related Child?
1.2. Reproductive Freedom between Negative and Positive Obligations
2.1. The Right to Medically Assisted Procreation and to Control over One’s Genetic Material3. A Right to the Recognition of Intentional Parenthood?
2.2. Gamete Donation: Reconciling Genetic Parenthood and Free Choice of Partner
2.3. Posthumous Parenthood: Deferred Procreation and Respect for Privacy beyond Death
2.4. Recognition of Legal Ties Following Overseas Surrogacy Arrangements: Respect for Biological Parentage
2.5. Concluding Remarks
3.1. Parenthood Claims in Third-Party Reproduction4. A Right to a Healthy Child? From Medical Therapy to Eugenic Selection
3.2. Protecting Intention-Based (Non-biological) Parenthood in Donor Cases
3.3. Non-biological Commissioning Parents in Surrogacy Arrangements
3.4. Concluding Remarks
4.1. From Healthcare to Autonomy Rights5. The Quest for Reproductive Equality: The Challenges of Sexual Orientation, Gender and Civil Status
4.2. Prenatal Diagnosis and Therapeutic Abortion
4.3. PGD and Screening for Disability
4.4. The Right to a Bespoke Child?
4.5. Concluding Remarks
5.1. Reproductive Rights beyond Heteronormativity and CoupledomConclusions
5.2. Assisted Conception for Same-Sex Couples
5.3. Transgender Parenthood and Children Born through Artificial Insemination
5.4. Single Aspiring Parents: Redefining ‘Reproductively Challenged’ Conditions
5.5. The Different Treatment of Genetic Mothers in Relation to Surrogacy Arrangements
5.6. Concluding Remarks
C.1. The Contribution of International Case Law to the Development of Procreative RightsSelect Bibliography
C.2. Obstacles to the Development of Procreative Rights in International Law
C.3. The Prospects of Emerging Procreative Rights in International Jurisprudence
Index
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