Gatekeeping parenthood : should the state play a role in determining eligibility criteria for assisted reproductive treatment?

The use of assisted reproductive treatment to conceive a child provides the opportunity for the state and/or medical practitioners to play a role in deciding who should or should not become a parent. This article explores the primary criteria used to "screen" people wishing to use assisted reproductive treatment and to exclude them from treatment in some circumstances. It argues that idiosyncratic judgment or general legal presumptions against treatment are not satisfactory, as they are unlikely to predict whether the best interests of a child born as a result of assisted reproductive treatment will be compromised. Rather, such judgments may serve to be discriminatory, and are often misinformed. The author suggests that the law and society should rather serve to support children and parents in need, and to protect existing children from actual suffering or risks of harm.

A.R.T., surrogacy and legal parentage : a comparative legislative review

This is one of three Occasional Papers published by the Victorian Law Reform Commission as part of the Commission's work on assisted reproduction and adoption. A central issue which arises in the context of assisted reproduction is how to recognise and protect the best interests of children who are conceived through assisted reproduction. The three Occasional Papers deal with different aspects of this question. This Paper examines how laws in the other Australian states, and in the United States, United Kingdom and Canada regulate access to assisted reproduction, control the use of surrogacy and deal with issues relating to parentage of children conceived through assisted reproduction. Generally, this legislation gives priority to protecting the best interests of children, but the way in which this is done varies considerably.

Screening applicants for assisted reproduction : complexities and issues

Different jurisdictions take different approaches to whether screening people before permitting access to assisted reproductive treatment (ART) is permissible, the criteria to be used, and whether such screening is provided for by law, guidelines or left to clinician discretion. This chapter examines the reasons for screening applicants for ART, the primary criteria used to screen applicants, and approaches to screening taken in the United States, the United Kingdom, and a number of states in Australia (as jurisdictions illustrative of where law, guidelines, or clinician discretion are practised). It examines whether screening is a useful tool that protects children.

How to address the ethics of reproductive travel to developing countries: a comparison of national self-sufficiency and regulated market approaches

One of the areas of concern raised by cross-border reproductive travelregards the treatment of women who are solicited to provide their ova orsurrogacy services to foreign consumers. This is particularly troublesome inthe context of developing countries where endemic poverty and low standardsfor both medical care and informed consent may place these womenat risk of exploitation and harm. We explore two contrasting proposals forpolicy development regarding the industry, both of which seek to promoteethical outcomes and social justice: While one proposal advocates efforts tominimize cross-border demand for female reproductive resources throughthe pursuit of national self-sufficiency, the other defends cross-border tradeas a means for meeting the needs of vulnerable groups. Despite theconflicting objectives of the proposed strategies, the paper identifiescommon values and points of agreement between the two, including theimportance of regulations to safeguard those providing ova or surrogacyservices.

Principal selection: homosocialibility, the search for security and the production of normalized principal identities

Researchers investigating the decline of potential applicants for principalships have demonstrated that teachers perceive there to be a significant problem in current selection procedures. This article reports an investigation in two Australian states into principal selection. Drawing on a corpus of interviews, two case studies and administrative guidelines, we highlight five key problems in the interview process: (1) the dependence of selection panels on a written application; (2) the dilemma of experience versus potential; (3) the covert rule about the appointment of preferred applicants; (4) the quandary of panel competency; and (5) the evidence of inconsistency of decisions. We argue that the selection process amounts to a reproductive technology which, in the quest for certainty and safety, results in particular kinds of people being successful. This amounts we suggest, whether the selection process is managed by progressive or conservative personnel, to a form of homosociability the tendency to select people just like oneself.

Who's afraid of designer babies?

Australian scientists in Sydney made medical history by creating a life-saving brother for a child with an incurable genetic disease. Features the case of a Tasmanian couple who, with their help, have this life-saving baby, at their third try. The pioneering IVF treatment, which is legal only in N.S.W., hit the news headlines, sparking an ethical storm. Examines the moral and ethical issues that genetic manipulation raises, including the potential uses and misuses of genetic technology. Raises also the spectre of an extreme form of eugenics, as seen in the World War II Nazi push to create a master race through human genetics. Some view eugenics as another form of PGD. Presents the diverse views of eminent ethicists and the Catholic Church, world wide.

Women's decisions about amniocentesis : new dilemmas, new fears

Explores how the development and availability of prenatal diagnostic testing creates dilemmas for pregnant women that previous generations of women never had to face. Examines the reasons for the women's decisions about amniocentesis in the context of their reproductive, personal and social circumstances. The thesis concludes that, regardless of whether the study participants had accepted or rejected the medical offer of prenatal diagnosis, it was shaped by their desire to gain a sense of control in reproduction.

Donor conception and disclosure : an anthropological study

The study, carried out within an infertility support group, concern disclosure of donor conception and its possible effects upon our constructions of conception, kinship and identity. It also examines perceptions of rights, information and its access or denial, knowledge/power, secrecy and the medicalization of reproduction.

Fertile bodies - the sexual politics of contraception : a radical feminist perspective

A critical feminist investigation of the sexual politics of contraception over the last hundred years, within an international context. It is contended that the very idea of contraception perpetuates a "heterosexual monoculture of the body" and as a consequence, men can continue to avoid taking responsibility for their "uncontrolled" fertility.

Reproduction and social control : women in Australia 1900-1999

Examines the conditions of Australian women in their reproductive lives, in a social and scientific context throughout the twentieth century. Aims to identify those areas which have influenced change (if it has occurred), the types of change and the impact those changes have had on the lives of women, given the premise that the social life of women, in all its forms, is predicated by their reproductive function.

Access to information about donors by donor-conceieved individuals : a human rights analysis

While assisted reproductive treatment using donated gametes is widespread, and in many places, widely accepted, it has historically been shrouded in secrecy. Over time, however, there has been an increasing call from donor-conceived people, recipient parents and some donors to end the secrecy, and to release identifying information about donors to donor-conceived people. "Rights-based" arguments have at times been used to justify this call. This article examines whether a human rights framework supports the release of information and how such a framework might be applied when there are competing rights. It argues that the current balancing approach used to resolve such issues weighs in favour of release. Legal action has the potential to be legitimate and justifiable. A measure such as a contact veto system, which would serve to prevent unwanted contact with the person lodging the veto (either the donor or the donor-conceived person), would ensure proportionality. In this way, both donor-conceived people's rights to private life, identity and family, and donors' rights to privacy may be recognised and balanced.