Artificial Reproduction: The Right to Reproduce and the Right to Found a Family

[摘要] In Britain, approximately 10% of all married couples are infertile. Infertility is a significant human problem which can generate distress and suffering. The use of artificial reproductive methods (artificial insemination, in vitro fertilisation, and surrogacy) has been the subject of concern in this country, especially in the last few years. Discussions on the subject have usually been conducted with no reference to specific concepts. This thesis endeavours to fill this theoretical gap. It examines what rights, if any, people have in the areas of reproduction and founding of a family which may support the claim of the infertile to found a family (whether through reproduction or not) by using artificial reproductive methods. If certain rights are apparent, is there any compelling moral, social or legal justification for defeating or hindering their exercise? The moral and social acceptability of artificial reproductive methods and some of the complex and fundamental legal issues they engender will be examined. Assessments will be made as to whether compelling interests and legal difficulties can be satisfactorily resolved, thus removing them as serious obstacles to the exercise of rights. Lastly, the question of the type of access to artificial reproductive methods will be considered in the light of the nature and scope of the rights which have been identified.

[发布机构] University:University of Glasgow

[关键词] Law, Medical ethics