At first glance, assisted procreation practices do not necessarily violate a child’s right to identity. The violation lies in the fact that the state is not taking a serious enough stance on regulating the issues that emerge from assisted procreation technologies. The state is voluntarily removing its responsibilities in regulating this field by allowing cases of donor confusion, the implantation of too many embryos and the disorganization of donor files. Instead of imposing criminal sanctions or punishments, the state is too often turning a blind eye.
It has been discovered that individuals, created by means of assisted procreation, are faced with legal challenges when obtaining information relating to their origins. The information required to establish the identity of their donors are either very limited or non-existent. Pratten v. British Columbia (Attorney General) , is a pending landmark decision, in which an individual conceived through assisted procreation, legally seeks to obtain the identity of her sperm donor. The B.C. Supreme Court's decision may quash a donor's rights to remain anonymous. If the Supreme Court rules against anonymity rights for donors, this would be North America's first ruling of this kind, allowing the identity of a donor to be accessible to their offspring. Olivia Patten is not only representing herself in the case, but all other individuals conceived from a donor. She is challenging the provincial government's failure to "ensure that records are created and maintained so that children of such donations can know their full heredity, including genetic, cultural, medical and social history”.
If the court rules in favour of British Columbia's Attorney General, the court will also rule against an ...
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...ernational law, must be included in national legislation, and further recognized by the courts. The goals of assisted procreation must remain intact, and therefore it must be understood that science will only continue to progress in this domain, and thus, the government must take serious action before assisted procreation completely removes the child from the picture. Since children cannot protect themselves, the government must take responsibility into its own hands, to ensure that adequate protection is given to the child and all long-term effects are taken into consideration. The best interest of the child must be the main focus. Legislation remains the only voice and form of representation given to the unborn child, therefore this voice must be non-contradicting and in support of children’s rights on a provincial, federal and international level.
In “Jennifer and Rachel,” Lee M. Silver argues that reproductive cloning is permissible to those who encourage it, as opposed to those who reject it and don’t want to run the risk of how they’ll look in the eyes of society. Jennifer, an independent, career driven woman, believes that the best way to have a baby of her own at her age is by cloning. Silver’s description of the cloning procedure is done by retrieving cells from the willing adult; preparing the cells for merging into unfertilized eggs, and then the embryos that develop successfully will be introduced to the uterus of the willing adult. Jennifer partakes in the cloning procedure and it was successful. Nine months later, on March 15, 2050, Rachel was born.
On October 19, 1927, a “feebleminded,” young woman was robbed. This young woman’s name is Carrie Buck and her ability to conceive children was taken from her without her consent or knowledge. This decision would not only impact those already affected by unauthorized sterilization, but for those whom would later be sterilized. The Supreme Court’s ruled the sterilization of Carrie Buck to be constitutional on the grounds of it being better for society, better for the individual, and eugenic evidence.
an unborn child in a produce package in relation to the fight against human cloning. Being an
... anyone has the right in such a case to decide how the embryo is to be used but the owners of the genetic material involved in its creation.
...ns and the ethical and moral beliefs behind the issue will again challenge the control of many governments in their role in human reproduction.
Our culture has a stringent belief that creating new life if a beautiful process which should be cherished. Most often, the birth process is without complications and the results are a healthy active child. In retrospect, many individuals feel that there are circumstances that make it morally wrong to bring a child into the world. This is most often the case when reproduction results in the existence of another human being with a considerably reduced chance at a quality life. To delve even further into the topic, there are individuals that feel they have been morally wronged by the conception in itself. Wrongful conception is a topic of debate among many who question the ethical principles involved with the sanctity of human life. This paper will analyze the ethical dilemmas of human dignity, compassion, non-malfeasance, and social justice, as well the legal issues associated with wrongful conception.
Swan, Rita. 2010. “Equal rights for children under the law” Children’s Healthcare Is a Legal Duty, Inc
With the increased rate of integrating In Vitro Fertilization (IVF), there has been a steep inclination within the associated needs of specifications. Observably, the development of babies using scientific measures was initially formulated and specified for developing the diverse range of development associated with the same (Turriziani, 2014). However, these developments are noted to be creating an adverse impact on the natural course of events and subsequently, resulting with an adverse impact on the natural process of the development of babies. The initial integrations within the system of IVF for developing babies have further been initiated with the effective use of science to develop a healthy baby. Hence, the use of such progressions can be argued as not hampering the ethical needs associated with the same. Conversely, the initial progression within the same and the changes in the use of such practices are identified as unethical, as it has been acting as a threat in the natural course of development of embryos and altering the natural course of events, suspected to be imposing significant influence on infant mortality (Turriziani,
When looking at the development of abortion policy, it is clear that it has always been a subject of controversy. Campaigns for the legalisation of...
Many studies have been done pertaining to egg donation and its medical aspect, but very few studies shows the ethical implications of egg donations. Health Laws such as Fertility Clinic Success Rate and Certification Act,1992 regulates the advertisement of success rate of fertility clinic. Only few states have federal laws for informed consent from egg donors (1-3). Informed consent means that donor understands all the minor details surrounding the egg donation procedure, its side-effects- medical, legal, ethical and emotional and gives permission to undergo the procedure without hesitation or coercion.
Over the course of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with regard to her reproductive rights.
The current issues concerning a woman’s right to an abortion include the debates between pro-life and pro-choice groups that promote either restrictions or extensions to a woman’s ability to receive abortions respectively, along with debate about the role that the government should play in the process of limiting or extending rights. Pro-life groups argue many points against abortion including the beliefs that life begins at conception, adoption is a viable alternative to abortion, the procedures sometimes cause medical complications, a...
As one knows, some unwanted pregnancies could often be harmful and distressing for a woman. Women should have the right over their body to choose to sustain the fetus or not. In the past decades, women did not have their freedom of abortion in many countries of the world. There have always been controversies going on about abortion. Each individual has dissimilar views on the legality of abortion. Some people are against abortion for personal religious purposes and beliefs. For those who don’t believe in abortion, it is because they see it as killing a fetus, which is a human being. Others support abortion because they believe in women’s rights. Laws of abortion vary in each country, and abortion is not legal all over the world. It is illegal under any conditions but only permitted to save woman’s life if in countries such as Brazil, Nigeria, United Arab Emirates, and Ireland. However, abortion is legal without any restrictions in countries like Canada, Albania, and Italy. It the past decades Abortion was considered as criminal act in Canada. “If an abortion was carried out without such approval, the woman was liable for imprisonment for 2 years, an...
Many couples who cannot have their own children are patiently waiting for a child to be adopted, and abortions are taking away that opportunity from willing families. The other side of this controversy is called pro-choice. Pro-choice followers believe, as implied by the name, that a woman’s right to choose is more important than anything, even human life. The Roe vs Wade case of 1973 is the building block of their side of the argument, the ruling being “the right to privacy.” is enough protection to defend a woman’s reproductive rights (Roe v Wade 1973).
It is saddening to see humans of the female gender, who find themselves in a situation that requires introducing a new life into the world; to abort such a precious gift. Many may wonder how these poor, innocent, unborn children are then discarded after the abortion procedure. One cannot fathom the reason of these gruesome murders that happens within these medical facilities. Babies are disposed in the red waste bins of these facilities, and later incinerated. Some may either be flushed down garbage disposals or even be sold off for research purposes. The issue of abortion is not just a social one, but also a human rights issue among the unborn children. I believe if the human rights of these children has been violated, then all other rights of humans are certainly meaningless.