Post by Sapphire Capital on Aug 11, 2008 23:21:30 GMT 4
Creating Disabled Children: Parental Tort Liability for Preimplantation Genetic Interventions
Kirsten Rabe Smolensky
University of Arizona - James E. Rogers College of Law
Hastings Law Journal, Vol. 60, 2008
Arizona Legal Studies Discussion Paper No 08-15
Abstract:
Using preimplantation genetic diagnosis (PGD), parents can screen embryos for genetic traits such as deafness and Achondroplasia (dwarfism). Studies show that some parents intentionally choose embryos with disabilities because that genetic trait runs in the family. This recent trend raises the important legal question of whether children can sue their parents in tort for selecting disabling genetic traits.
This article suggests that children should be able to successfully sue their parents in some instances. Children have a moral right to an open future which tort law should protect whenever parents' preimplantation genetic choices limit a child's ability to pursue a variety of different life paths. In reaching this conclusion, the paper addresses various barriers to tort liability, including "no duty" arguments, parental tort immunity, and a variety of constitutional concerns.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1158631_code517200.pdf?abstractid=1158631&mirid=4
Kirsten Rabe Smolensky
University of Arizona - James E. Rogers College of Law
Hastings Law Journal, Vol. 60, 2008
Arizona Legal Studies Discussion Paper No 08-15
Abstract:
Using preimplantation genetic diagnosis (PGD), parents can screen embryos for genetic traits such as deafness and Achondroplasia (dwarfism). Studies show that some parents intentionally choose embryos with disabilities because that genetic trait runs in the family. This recent trend raises the important legal question of whether children can sue their parents in tort for selecting disabling genetic traits.
This article suggests that children should be able to successfully sue their parents in some instances. Children have a moral right to an open future which tort law should protect whenever parents' preimplantation genetic choices limit a child's ability to pursue a variety of different life paths. In reaching this conclusion, the paper addresses various barriers to tort liability, including "no duty" arguments, parental tort immunity, and a variety of constitutional concerns.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1158631_code517200.pdf?abstractid=1158631&mirid=4