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

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

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Edited by Trudo Lemmens, Andrew Flavelle Martin, Cheryl Milne, and Ian B. Lee
University of Toronto Press, Scholarly Publishing Division © 2017
World Rights
560 Pages
Paper
ISBN 9781442614574
Published Jan 2017
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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.

Trudo Lemmens is Professor and Scholl Chair in Health Law and Policy in the Faculty of Law, the Dalla Lana School of Public Health, and the Joint Centre for Bioethics at the University of Toronto.

Andrew Flavelle Martin is a SSHRC Bombardier CGS Scholar & Doctoral Candidate, University of Toronto Faculty of Law.

Cheryl Milne is the Executive Director of the David Asper Centre for Constitutional Rights in the Faculty of Law at the University of Toronto.

Ian B. Lee is an associate professor in the Faculty of Law at the University of Toronto.

List of Contributors

Trudo Lemmens & Andrew Flavelle Martin  Introduction

Part 1: Background to the Reference re: Assisted Human Reproduction Act and Constitutional Law and Federalism Perspectives

Chapter 1: Bernard M. Dickens An Historical Introduction to the Supreme Court’s Decision on the Assisted Human Reproduction Act

Chapter 2: Ian B Lee Licensing and the AHRA Reference

Chapter 3: Hoi Kong The Federalism Implications of the Assisted Human Reproduction Act Reference

Chapter 4: Glenn Rivard Federal and Provincial Jurisdictions with respect to Health:  Struggles amid Symbiosis

 

Part 2: Family Law and Children’s Rights Perspectives

Chapter 5: Carol Rogerson Determining Parentage in Cases Involving Assisted Reproduction: An Urgent Need for Provincial Legislative Action 

Chapter 6: Michelle Giroux & Cheryl Milne The Right to Know One’s Origins, the AHRA Reference and Pratten v AGBC: A Call for Provincial Legislative Action                                                                                           

Chapter 7: Vanessa Gruben A Number but No Name: Is There a Constitutional Right to Know One’s Sperm Donor in Canadian Law?

Chapter 8: Juliet Guichon 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)

Chapter 9: Jeanne Snelling A Time for Change? The Divergent Approach of Canada and New Zealand to Donor Conception and Donor Identification 

Chapter 10: Jennifer M. Speirs What adoption law suggests about donor anonymity policies: a UK perspective 

 

Part 3: Commodification and commercialization of Assisted Human Reproduction, Access and Funding of AHR, and the Role of Law

Chapter 11: Lisa C. Ikemoto Assisted Reproductive Technology Use among Neighbors: Commercialization Concerns in Canada and the United States, in the Global Context 

Chapter 12: Susan G. Drummond Fruitful Diversity: Revisiting the Enforceability of Gestational Carriage Contracts 

Chapter 13: Stu Marvel et al Listening to LGBTQ People on Assisted Human Reproduction: Access to Reproductive Material, Services and Facilities 

Chapter 14: Colleen M Flood & Bryan Thomas, Regulatory Failure: The Case of the Private-For-Profit IVF Sector  

Chapter 15: Sarah Hudson Great Expectations: Access to Assisted Reproductive Services and Reproductive Rights  

Chapter 16: Trudo Lemmens The Commodification of Gametes: Why Prohibiting Untrammelled Commercialization Matters

 

Appendix: Expert Reports

Appendix 1: Françoise Baylis  The Regulation of Assisted Human Reproductive Technologies and Related Research: A Public Health, Safety and Morality Argument [Expert Opinion for the Federal Government]

Appendix 2: Bartha M. Knoppers & Élodie Petit Quebec: A pioneer in the Regulation of AHR and Reserch in Canada [Expert Opinion for the Government of Quebec]

"This excellent and comprehensive volume makes a very valuable contribution to the continuing debate on what our policies should be around reproductive technologies. These issues will not go away − in fact, they are of increasing importance as biology and genetics continue to advance, presenting us with difficult social, legal, and ethical choices."

Patricia Baird, OC, OBC, former Chair of the Royal Commission on New Reproductive Technologies and University Distinguished Professor Emerita, University of British Columbia.

"This important and timely new book offers readers incisive comparative analysis of the regulation of assisted reproduction at a critical moment in its history in Canada. Each of the chapters offers a fresh and compelling perspective on the ethical and legal dilemmas raised by the regulation of reproductive technologies. Taken as a whole, Regulating Creation is an excellent and essential addition to the literature."

Emily Jackson, Professor of Law, London School of Economics and Political Science

"From federalism to parentage to gamete provider anonymity, this is sure to be the classic treatment of the Assisted Human Reproduction Act and reproductive technology in Canada. Incorporating materials from the U.S., U.K., and New Zealand, it will also be of great interest to comparativists."

I.Glenn Cohen, Professor of Law, Harvard Law School

"This collection brings together a wealth of perspectives that address, through a range of theoretical perspectives, critical questions of law, ethics, and policy associated with assisted human reproduction. Leading voices in the fields of family, health and constitutional law contribute sophisticated and balanced reflections on complex, and often polarizing, issues that arise in connection with the governance of assisted procreation. The end result is a skillfully edited and seamlessly integrated collection that will be crucial reading for scholars, students, law and policy makers, legal practitioners and ethicists working in the domain of assisted reproduction."

Professor Angela Campbell, McGill University, Faculty of Law