Abstract
Concerns about the legal aspects of the new reproductive technologies—artificial insemination, in vitro fertilization, and ovum and zygote transfer—are part of the continuing public and professional discussions about what our societal policy toward these technologies ought to be. The concerns are many and varied and include the desirability and availability of the technologies and the potential liability of those who use them. The desire for a clarification of legal responsibility is especially fueled by a heightened fear of liability, which has contributed to the pressure for straightforward legal answers and for a clear, comprehensive public policy dealing with these technologies. Lawyers know all too well the impatient cries of “Tell us the law, not philosophy.” With respect to one of the technologies, artificial insemination with donor sperm (AID), the search for legal answers during the past two decades has produced a substantial body of law. Yet, even in this area, many gaps remain. More important, there has not emerged a clear public-policy framework within which alternative forms of reproduction can be evaluated. Though this lack of a framework is frustrating to those who want clear legal answers, it is not unexpected and is not entirely bad.
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References
Healey, J., Legal aspects of artifical insemination by donor and paternity testing in Genetics and the Law (A. Milunsky and G. J. Annas, eds.) Plenum Press, New York (1976), 203.
Annas, G., Fathers Anonymous: Beyond the best interests of the sperm donor, in Genetics and the Law II (A. Milunsky and G. J. Annas eds.), Plenum Press, New York (1980), 331.
Ibid, at 338.
Arriving at a complete current list of state statutes is not an easy task. Three recent attempts did not result in identical lists. My own review produced at least one statute not cited by any of the other three authors. See Wadlington, W. Artificial conception: The challenge for family law, Virginia Law Review 69:465, 483 (1983);
Smith, G., The razor’s edge of human bonding: Artificial fathers and surrogate mothers, Western New England Law Review 5:639, 642 (1983);
Andrews, L. The stork market: The law of the new reproductive technologies, American Bar Association Journal 70:50, 54–5 (1984). From these three sources and my own research, the following list has been compiled:
Alaska Stat. Sect. 25.20.045 (1982)
Arkansas Stat. Sect. 61–141(C) (1983)
California Civ. Code Sect. 7005 (1982)
Colo. Rev. Stat. Sect. 19–6–106 (1978)
Conn. Gen. Stat. Sect. 45–69F-W (1981)
Fla. Stat. Ann. Sect. 742.11 (1984)
Ga. Code Ann. Sect. 19–7–21 (1984); Sect. 43–34–42 (1984)
Ill. Ann. Stat. Ch. 40 Sect. 1451 (1983–4)
Kan. Stat Ann. Sect. 23–128 to 23–130 (1983)
La. Civ. Code Ann. Art. 188 (1983)
Md. Est. and Trusts Code Ann. Sect. 1–206(B) (1983): Health Code, Sect. 20–214
Mass. Gen. Laws Ann. Ch. 46, Sect. 4B (1984)
Mich. Comp. Laws Sect. 333. 2824; Sect. 700. 11 (1980)
Minn. Stat. Sect. 257. 56 (1982)
Mont. Code Ann. Sect. 40–6–106 (1983)
Nev. Rev. Stat. Sect. 126. 061 (1979)
N.Y. Dom.
Law Sect. 73 (1983–4)
N.C. Gen. Stat. Sect. 49A-1 (1976)
Okla. Stat. Tit. 10, Sect. 551–553 (1983–4)
Or. Rev. Stat. Stat. Sect. 109.239–109.247; Sect. 667.355 to 677.370 (1984)
Tenn. Code Ann. Sect. 53–446 (1982)
Tex. Fam. Code Ann. Sect. 12.03 (1983)
Va. Code Ann. Sect. 64.1–7.1 (1984)
Wash. Rev. Code Ann. Sect. 26.26.050(1984–5)
Wis. Stat. Ann. Sect. 891.40 (1983–4); Sect. 767.47(9)
Wyo. Stat. Sect. 14–2–103 (1984)
See Healey, notes 13, 15, and 16, and Wadlington, pp. 477–479.
See, for example, CM. v. C.C. ,170 N.J. Super. 586, 407A2d. 849 (Juv. and Dom. Rel. Ct. 1979).
Oregon Revised Statutes, Section 677.370 (1984). The issue of screening sperm donors was addressed by the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research in its report Screening and Counseling for Genetic Conditions ,pp. 68–70, U.S. Government Printing Office, Washington, DC (1983). See also Should sperm donors be screened for sexually transmitted diseases New England Journal of Medicine 309:1058 (1983).
Wadlington, pp. 476–7.
For medical examples, see Van den Berg, J., Medical Power and Medical Ethics ,W. W. Norton, New York (1978).
McCormick, R., How Brave a New World Doubleday and Company, Garden City, NY (1981), 334– 335.
For a general discussion of the impact of an increase in the available options upon society, see Berger, P. The Heretical Imperative ,Anchor Press/Doubleday, Garden City, NY (1979), 1–31.
For a contrasting view of the desirability of various reproductive options, see Ramsey, P. Fabricated Man ,Yale University Press, New Haven, 1970.
Hanscombe, G. The right to Lesbian parenthood, Journal of Medical Ethics 9:133–135 (1983)
Kern, P., and Ridolfi, K., Note: The fourteenth amendment’s protection of a woman’s right to be a single parent through artificial insemination by donor, Women’s Rights Law Reporter 7:251–284 (1982).
See Annas, G., Life, liberty and the pursuit of organ sales, The Hastings Center Report 14(1):22–23 (1984)
Scott, R., The Body as Property ,Viking Press, New York (1981).
See Robertson, J., Procreative liberty and the control of conception, pregnancy and childbirth, Virginia Law Review 69:405–464 (1983).
A valuable framework for the development of a comprehensive public policy has been offered by Wadlington, at pp. 487–515.
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© 1985 Aubrey Milunsky and George J. Annas
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Healey, J.M. (1985). Legal Regulation of Artificial Insemination and the New Reproductive Technologies. In: Milunsky, A., Annas, G.J. (eds) Genetics and the Law III. Springer, Boston, MA. https://doi.org/10.1007/978-1-4684-4952-5_12
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DOI: https://doi.org/10.1007/978-1-4684-4952-5_12
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