Playing the Odds or Playing God? Limiting Parental Ability to Create Disabled Children through Preimplantation Genetic Diagnosis

摘要: Suppose [persons with disabilities] believe that their child will be happier if she shares her parents' condition, and take action to prevent from developing normally, for example, not giving the growth hormone make taller, or providing a cochlear implant might overcome mild form of congenital deafness. Such actions would arguably harm constitute abuse, denied treatment essential future functioning in society. Unless it could shown children born such parents are fact better off they share disability, stopping prenatal lessening offspring abilities ... interfere procreative liberty. (1) These words, written by Professor John A. Robertson, resonate more today's society than when first fifteen years ago, screening preimplantation embryos genetic disease was only experimental. (2) No longer Robertson's words supposition what our holds--our is here. And while originally thought mechanism discard carrying disease, clearly Robertson foresaw downside this technology long before became reality. Today, some couples no satisfied having perfectly healthy babies; rather have disabled, like them. This Comment argues do moral legal right ensuring disability through use diagnosis ("PGD") other assisted reproductive technologies ("ARTs"). There constitutional PGD, so individual states should free regulate arena. At time, however, implemented any legislation using PGD capacity, whether help children. As such, those already who cannot benefit present regulation technologies, indirect methods tort law system. Part I explain science behind current ARTs, specifically address instances which used create disabled diseased II discuss state United States, as well currently effect Canada Western Europe. III examine ethical implications presented limita child's opportunities, mainly conflict between principles beneficence autonomy, how both these achieved purpose. IV analyze why children, may intervene regulation. Finally, V an alternative solution direct federal system method issues. I. BACKGROUND ON AND ITS USES TODAY ARTs refer fertility treatments include handling sperm eggs. (3) ART encompasses vitro fertilization ("IVF") (4) its variations, include: intracytoplasmic injection ("ICSI"), (5) gamete intrafallopian transfer ("GIFT"), (6) zygote ("ZIFT"), (7) PGD. (8) Accomplished prior IVF transfer, process one two cells removed human zygote, biopsied, after makeup analyzed. (9) Only were carriers whatever gene being screened then implanted uterus. designed screen disabilities diseases order avoid passing on serious defects offspring. …