Legal implications of artificial conception. Making babies makes law.
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This article proposes a new model for analyzing legal issues arising from technological conception and uses it to develop rules to govern the legal parentage of technologically conceived children. Professor Garrison shows that most commentators on technological conception have employed a "top-down" methodology, deriving rules for specific cases from an abstract global principle such as reproductive autonomy, freedom of contract, or anticommodification. Professor Garrison critiques these and several other approaches, showing that they offer little concrete guidance in many cases, risk the introduction of discordant values into the law of parentage, and fail to capture all of the values that have traditionally guided parentage determination. In their place, she proposes an "interpretive methodology" which, by relying heavily on current rules governing parentage determination in other contexts, would assimilate technological conception within the broader law of parental obligation. Professor Garrison argues that cases of sexual and technological conception should be governed by similar rules because, despite mechanical differences between these two reproductive methods, there are no significant differences in the parent-child relationships that they produce. She demonstrates that the interpretive approach can cabin rule-making disagreements, and that it can generate comprehensive parentage rules that are based on uniform policy goals and that ensure consistent treatment of parent-child relationships.
This article provides an overview of the reasons why people should or should not have children, and of two attempts to define what we can do to make sure that the lives of the children we have are as good as they can be. It is suggested that the answers to these questions are more complex than we tend to think, and that rational arguments can be found to support many mutually conflicting reproductive policies.
The present study examined preschool-age firstborns' adjustment to siblinghood, as indexed by security of firstborn-mother attachment, in a sample of 194 2-Parent families. Security of firstborn attachment decreased significantly after a secondborn's birth, but the size of the decrease was smaller among firstborns under 24 months relative to 2-5-year-olds. Mothers' marital harmony and affective involvement with firstborns predicted firstborn security before and after the baby's birth, whereas mothers' psychiatric symptoms predicted firstborn security only after the birth. Post-hoc analyses of select subgroups revealed that mothers of firstborns with high security scores before the newborn's birth, regardless of whether scores remained high or dropped after the birth, showed higher levels of psychosocial and behavioral functioning than did mothers of firstborns with consistently low security scores at both time points. However, substantial drops in firstborn security after a secondborn's birth were associated with higher maternal psychiatric symptom scores both prior to and following the birth. Results suggest that quality of firstborn adjustment to siblinghood can be predicted from both structural and familial aspects of the firstborn environment.
Self-regulation of assisted reproduction by the medical community is not working. The continuing ban on in vitro fertilization (IVF) embryo research will only further erode the opportunity to develop comprehensive policies to protect the growing numbers of infertile couples, former cancer patients, gamete donors and their offspring produced through assisted reproduction. The President's National Bioethics Advisory Commission (NBAC) with the help of the Institute of Medicine can serve as an effective policy-building body because of its expertise, public forum, and national authority. National guidelines have been developed for gene therapy and xenotransplantation which could serve as models for dealing with the thorny bioethical dilemmas of assisted reproduction. In the interim, research on the social and ethical aspects of assisted reproduction should be a high priority for the NIH.
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Reproductive medicine, a sector of a health care system increasingly captured by the demands of the marketplace, is enmeshed in a drive to sell certain human bits and pieces, such as gametes, cells, fetal eggs, and fetal ovaries, for reproductive purposes. The ethical objection raised by Kant and Radin to the sale of human organs - that this is incompatible with human dignity and worth - also applies to these sales. Moreover, such sales nullify the reproductive paradigm, irretrievably replacing it with a manufacturing paradigm. This represents a change in kind, not just of degree, in the way that we view our capacity to generate children and destroys our concept of reproduction as an essentially human activity. In the face of a struggle to retain those common ethical values at the foundation of reproductive medicine, this form of commodification of the human body should be viewed as ethically unacceptable.
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