Human Reproductive Technology

Genetic Engineering

(CM) In the case where a person is made up of genes from multiple "parents" there may be a need to completely rethink parental rights.  How much of a person must a child take before a legal remedy such as adoption must be introduced to secure rights.  This extends even further when legal problems such as intestacy and property are introduced.  If I die without a will and part of my genes were used to create a child I had never claimed, is he still allowed to take if I do not leave a will?

(CM) In a world where parents are able to pick the characteristics of their children (hair color, musical ability) what are the legal remedies if the wrong characteristics are implanted.  How long should the statute of limitations on such action be considering it could be years or even decades before parents are truly able to say they did not get what they "bargained" for.  Further, what sorts of remedies should be available?  Does the parent get a "better" baby for free?

(PYS): What happens if future designer children sue their parents for being born with characteristics that they dislike?

(PYS) If we move to a world in which eggs are routinely modified to remove genetic defects, will parents who do NOT partake in gentic modification be criminally liable if their child is born with defects that could have been removed?

(PYS) If it becomes possible to modify an egg to increase intelligence or athleticism, how will the law treat these modifications...particularly before they become mainstream? Should the basebeball player shattering records be banned from play like the player who uses performance enhancing drugs? Will the real competition be between the scientists to create the best performing human--like current competition to produce the best chess playing computer?

(PYS) If people are able to select the genes that they like about themselves and eliminate the genes they don't like when creating children, what is to stop them from creating children with many of the bad genes that most of society doesn't like? For example, what if they want to create children that are antisocial or homicidal?

Implications of Cloning 

(CM) In a world where cloning is commonplace how are parental rights established?  For example, a couple really likes the characteristics and talents of someone else's child and they obtain permission (or maybe they don't) to have that child cloned.  How does the first couple establish that they are the parents and what are the remedies available to the later couple should they discover their child was cloned without their knowledge.

(DF): What is the legal status of a child cloned from cells taken without permission? In particular, does such a child have a legal claim for support upon the involuntary cell donor?

Parental Rights and Obligations

(PYS) If a couple has each of their gametes frozen and then decide they do not wish to use them, should they be forced to destroy them, donate them, etc.? If they are required to donate them should the couple be treated as parents? This argument goes against Johnson v. Calvert, CA leading reproduction case which states that the intent of the parties is controlling. Here the parties‚ intent was to create a baby at a later date but never created the baby, is that enough to consider their intention to become parents?

(PYS) Should the courts recognize multiple parents? If so, how should responsibility both financially and physically be divided up?

(PYS) Can a sperm donor apply for parental rights? Jane is dating John and really wants to have a child, but they cannot. She seeks out a sperm donor, gets pregnant, and gives birth to a baby boy. Jane and John raise the baby, but after a couple of years CPS gets involved and the child is placed in a foster home. The sperm donor finds out about the situation and applies for custody of the child. Does he have any rights? Can he get custody of the child?

Miscellaneous

(PYS) Scientists have discovered that there are "stem" cells that produce oocytes in mice, opening up the idea that the reproductive age of women may be extended. Our society has currently seen a shift to couples waiting to have children until a later age. What implications (if any) does the new scientific data have on the future of reproductive behavior?

(PYS) If we can identify genes responsible for certain desirable characteristics, could gene therapy be a viable alternative to our current prison system? What implications would this new "genetic prison" present?


CM: Cori Mott
DF: David Friedman
PYS: Previous Year Student

Legal Research by Rebecca Stuart on Stem Cells and Cloning.

Legal research from previous years


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