Skip to main content
Book cover

Infertility pp 345–357Cite as

Legal Issues in Reproduction

  • Chapter
  • 128 Accesses

Part of the book series: Clinical Perspectives in Obstetrics and Gynecology ((CPOG))

Abstract

In many respects, the law has failed to keep pace with the rapid advances being made in reproductive technology. New procedures for infertility treatment create legal issues that courts and legislatures have not addressed, and that existing law cannot address adequately. As a result, there is a great deal of uncertainty as to the physicians legal duties in treating an infertile couple and his or her potential liability for such treatment (1).

This is a preview of subscription content, log in via an institution.

Buying options

Chapter
USD   29.95
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
eBook
USD   39.99
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book
USD   54.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Learn about institutional subscriptions

Preview

Unable to display preview. Download preview PDF.

Unable to display preview. Download preview PDF.

References

  1. For more detailed discussion of the legal issues discussed in this chapter see general comments in the following references. Artificial human reproduction: legal problems presented by the test tube baby, 28 Emory Law Journal 1045 (1979); Smith, Artificial insemination: disclosure issues, 11 Columbia Human Rights Law Review 87 (1979); Capron, Tort liability in genetic counseling, 79 Columbia Law Review 618 (1979); Black, Legal problems of surrogate motherhood, 16 New England Law Review 373 (1981); Note, Contracts to bear a child, 65 California Law Review 611 (1978); Comment, Surrogate Motherhood in California Legislative Proposals, 18 San Diego Law Review 341 (1981); Annas, Contracts to bear a child, 11 The Hasting Center Report 23 (April 1981); Comment, Surrogate mothers: the legal issues, 7 American Journal of Law and Medicine 323 (1981); Warren, The law of human reproduction: an overview, 3 The Journal of Legal Medicine 1 (1982); Smith, Artificial insemination redivivus: permatuations within a penumbra, 2 The Journal of Legal Medicine 113 (1981).

    Google Scholar 

  2. Intentional infliction of mental emotional distress and outrage involve intentional or reckless conduct that is against the accepted standards of conduct, that causes severe emotional distress.

    Google Scholar 

  3. In an action for battery the plaintiff need not present expert testimony with regard to the allegedly unauthorized treatment. The plaintiff need only show that the treatment was performed and that it was not authorized. In a negligence action the plaintiff usually must present expert testimony showing that the physicians treatment did not conform to the standards of the medical profession. Additionally, the plaintiff must show that she would not have undergone the procedure had she been fully informed. Some courts have held that a physician who does not fully inform a patient about a proposed treatment may be liable for battery. These courts have held that the physicians failure to fully inform the patient of all material risks negates the patients consent.

    Google Scholar 

  4. Comment, Artificial human reproduction: legal problems presented by the test tube baby, 28 Emory Law Journal 1045, 1046 fn. 10 (1979).

    Google Scholar 

  5. Doornbos v. Doornbos, 23 U.S.L.W. 2308 (Superior Court, Cook County, 111., December 13, 1954); Strand v. Strand, 190 Misc. 786, 78 N.Y.S. 2d 390 (Superior Court 1948); Gurskey v. Gursky, 39 Misc. 2d 1083, 242 N.Y.S. 2d 406 (Superior Court 1963 ); Anonymous v. Anony

    Google Scholar 

  6. Fitzgerald v. Ruekl, No. 11433 (Nevada 1981 ).

    Google Scholar 

  7. Curie-Cohen M, Luttrell MS, Shapiro S. Current practice of artificial insemination by donor in the United States. N Engl J Med 1979; 300: 585 - 590.

    Article  PubMed  CAS  Google Scholar 

  8. Doornbos v. Doornbos, 23 U.S.L.W. 2308 (Superior Court, Cook County, 111., December 13, 1954 ).

    Google Scholar 

  9. People v. Sorenson. Artificial human reproduction: legal problems presented by the test tube baby, 28 Emory Law Journal 1045, 1046 fn. 10 (1979).

    Google Scholar 

  10. C.M. v. C.C., 152 N.J. Superior Court 160, 377 A2d 821 (1977).

    Google Scholar 

  11. Del Zio v. Vande Wiele, unreported.

    Google Scholar 

  12. Cohen. The Brave New Baby and the law: fashioning remedies for the victims of in vitro fertilization. Am J Law Med 1978; 319.

    Google Scholar 

  13. C.F.R. Section 46. 204 (d) (1979).

    Google Scholar 

  14. Reported in the 1980 Report on Human Reproduction and Law II-A-1.

    Google Scholar 

  15. Willey v. Lawton, 8 111. App. 2d 344, 132 N.E. 2d 34 (1956).

    Google Scholar 

  16. Roe v. Wade, 410 U.S. 113 (1973).

    Google Scholar 

  17. In re Shirk, 186 Kan 311, 350 P.2d (1960).

    Google Scholar 

Download references

Authors

Editor information

Editors and Affiliations

Rights and permissions

Reprints and permissions

Copyright information

© 1984 Springer-Verlag New York, Inc.

About this chapter

Cite this chapter

Hardwick, P.A. (1984). Legal Issues in Reproduction. In: Aiman, J. (eds) Infertility. Clinical Perspectives in Obstetrics and Gynecology. Springer, New York, NY. https://doi.org/10.1007/978-1-4613-8265-2_22

Download citation

  • DOI: https://doi.org/10.1007/978-1-4613-8265-2_22

  • Publisher Name: Springer, New York, NY

  • Print ISBN: 978-1-4613-8267-6

  • Online ISBN: 978-1-4613-8265-2

  • eBook Packages: Springer Book Archive

Publish with us

Policies and ethics