Regulating Creation: The Law, Ethics, and Policy of Assisted Human Reproduction

Description

In 2004, the Assisted Human Reproduction Act was passed by the Parliament of Canada. Fully in force by 2007, the act was intended to safeguard and promote the health, safety, dignity, and rights of Canadians. However, a 2010 Supreme Court of Canada decision ruled that key parts of the act were invalid. Regulating Creation is a collection of essays built around the 2010 ruling. Featuring contributions by Canadian and international scholars, it offers a variety of perspectives on the role of law in dealing with the legal, ethical, and policy issues surrounding changing reproductive technologies.  In addition to the in-depth analysis of the Canadian case the volume reflects on how other countries, particularly the U.S., U.K. and New Zealand regulate these same issues.  Combining a detailed discussion of legal approaches with an in-depth exploration of societal implications, Regulating Creation deftly navigates the obstacles of legal policy amidst the rapid current of reproductive technological innovation. Cover Copyright Page Contents Introduction Part One: Background to the Reference re: Assisted Human Reproduction Act and Constitutional Law and Federalism Perspectives 1 A Historical Introduction to the Supreme Court’s Decision on the Assisted Human Reproduction Act 2 Licensing and the AHRA Reference 3 The Federalism Implications of the Assisted Human Reproduction Act Reference 4 Federal and Provincial Jurisdictions with Respect to Health: Struggles amid Symbiosis Part Two: Family Law and Children’s Rights Perspectives 5 Determining Parentage in Cases Involving Assisted Reproduction: An Urgent Need for Provincial Legislative Action 6 The Right to Know One’s Origins, the AHRA Reference, and Pratten v AGBC: A Call for Provincial Legislative Action 7 A Number but No Name: Is There a Constitutional Right to Know One’s Sperm Donor in Canadian Law? 8 The Priority of the Health and Well-Being of Offspring: The Challenge of Canadian Provincial and Territorial Adoption Disclosure Law to Anonymity in Gamete and Embryo Provision (“Donor” Conception) 9 A Time for Change? The Divergent Approaches of Canada and New Zealand to Donor Conception and Donor Identification 10 What Adoption Law Suggests about Donor Anonymity Policies: A UK Perspective Part Three: Commodification and Commercialization of Assisted Human Reproduction, Access and Funding of AHR, and the Role of Law 11 Assisted Reproductive Technology Use among Neighbours: Commercialization Concerns in Canada and the United States, in the Global Context 12 Fruitful Diversity: Revisiting the Enforceability of Gestational Carriage Contracts 13 Listening to LGBTQ People on Assisted Human Reproduction: Access to Reproductive Material, Services, and Facilities 14 Regulatory Failure: The Case of the Private-for-Profit IVF Sector 15 Great Expectations: Access to Assisted Reproductive Services and Reproductive Rights 16 The Commodification of Gametes: Why Prohibiting Untrammelled Commercialization Matters Appendix: Expert Reports Appendix 1 Quebec: A Pioneer in the Regulation of AHR and Research in Canada [Expert Opinion for the Government of Quebec] Appendix 2 The Regulation of Assisted Human Reproductive Technologies and Related Research: A Public Health, Safety and Morality Argument [Expert Opinion for the Federal Government] Appendix 3 Response to the Second Opinion of Françoise Baylis Entitled “The Regulation of Assisted Human Reproductive Technologies and Related Research: A Public Health, Safety and Morality Argument” Contributors Index