I’ve been thinking, while not able to be on-line, about why this area of the law is as it is–a total mess, full of inconsistencies and contradictions. Wouldn’t it be nice if it were tidy and neat, as many areas of the law actually are?
There’s no simple answer to the “why” question, of course. Why would there be a simple answer? But I do have some ideas.
There have always been parents, of course, by which I mean two things: First, that men and women have engaged in sexual activities with resulting birth of genetic offspring and second, that the young creatures require care and someone has provided that care, at least to some of those offspring. Continue reading
I try to keep one eye on scientific developments that, while still in early stages, promise to complicate parenthood even further. I wrote about one line of research in the fall. This research opens to door to creating gametes (that would eggs and sperm) from ordinary cells, or at least from non-gametes. This is an outgrowth of research aimed at creating new specialized cells generally.
As the earlier post makes clear (I hope) the idea of creating specialized cells has wide application. The example I used (taken from research) involved creating new retinal cells which would be useful for treatment for certain retinal disorders.
But the implications of the research for reproductive technology are apparent. Continue reading
My classes ended today and I’m hoping to turn over a new leaf. That would mean (among other things) getting more posts up and keeping up with comments. There’s so much piled up on my desk, though, it’s hard to know where to start. On the theory that it is more important to just start, though, I choose this article, which someone sent to me last week.
This was published in The Guardian. It is just what the title suggests–a diary (brief) of a woman who served as a surrogate. She was what I would call an altruistic surrogate. What I mean by that is that money played no part in her decision. She offered herself as a surrogate because her brother and sister-in-law were desperate to have a child and had spent a great deal of time, toil and treasure trying to do so. Continue reading
There are a couple of tabs that have been open on my computer for a very long time as I’ve tried to find the time to produce a post worthy of them. There’s this–an article by Judith Shulevitz that appeared in the New Republic–and then this–and interview by Terry Gross with Shulevitz. I came across the second first because I’m a huge Terry gross fan and try to listen to Fresh Air regularly. If you do the gym or you’re out for a walk or whatever, you should really try to take the time to listen.
Shulevitz makes a number of points that a worthy of discussion here and that’s really what’s hung me up. It’s the picking and choosing. But time is so hard to find these days that I’m just going to plunge ahead here, accepting that I will probably skip as much of interest as I’ll comment on. And worst of all, by now I’m working from distant memory of the interview which has become mingled with my own thoughts about it. All of which is by way of a caveat or an apology, but here goes. In this post I’ll make two points leaving a third for later.
Towards the beginning Shulevitz notes that most of the solid information about the results of various forms of ART are from studies outside the US. Continue reading
I’ve been thinking about the Pratten case (which has been discussed on the blog a bunch to times) and a couple of new studies that have crossed my path. All of these items make one think about how to manage the use of donor gametes. (In general, I prefer to call these third-party gametes, but it’s hard to only use that terminology when the popular press consistently says “donor.”
Anyway, use of third party or donor sperm (or eggs) has been discussed a number of times here. Typically those discussions are spurred by some specific story–like the Pratten case. But sometimes its just as useful to think about a question without a specific case in mind. I’ve been trying to do that. And I find myself wondering (again?) why there isn’t a fairly obvious middle ground that might draw people together.
I know a number of people are concerned that those who are donor conceived do not have access to information about their genetic lineage, which can be important both for health reasons and for some sense if identity. Continue reading
Just before Thanksgiving I put up a post about a fertility clinic in CA that is offering pre-made embryos for sale. (This is rather a coarse way of putting it, perhaps, but it makes the point.) There’s a lot to think about here and there have been a number of thoughtful comments. I wanted to return to the topic and offer a few further thoughts to continue the conversation.
First, for those who think that selling eggs and sperm is wrong, this too is obviously wrong. I think it is fair to say that for those people it is wrong for the same reasons selling sperm and eggs would be wrong–and there are a whole array of reasons. While I think there is an important conversation here–about the propriety of selling sperm/eggs–it is one that has already received extensive attention here.
This why I want to focus on why those who are comfortable with a market for eggs/sperm might nevertheless draw the line at the market for pre-made embryos. Continue reading
Although surrogacy is not exactly rare, it also isn’t all that common. And yet it’s often covered in the news. And when it comes up here (as it has in the last couple of posts) it always spurs discussion.
I think it is because it raises so many issues and forces us to unpack so many assumptions. It crystallizes a bunch of questions about motherhood that I wrote about not so long ago. And it makes us think hard about gender/sex and sameness/difference. And really, of course, the problem is pregnancy and what we do with it.
Here’s one way to think about this. Under current law in NJ men and woman are treated differently with regard to legal parentage when surrogacy is used. Continue reading