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Conception and the irrelevance of the welfare principle

By Emily Jackson

Abstract

This article challenges the assumption that their future children's welfare is a relevant consideration when deciding whether to provide a person with assisted conception services. It does not argue that infertility treatment ought to be available as of right. Rather, this article's proposal is that section 13(5) – which specifies that no-one shall receive assistance with conception unless account has first been taken of the welfare of any child who might be born – should be deleted from the Human Fertilisation and Embryology Act 1990. Extending the 'welfare principle' to decisions taken prior to a child's conception is shown to be unjust, meaningless and inconsistent with existing legal principle

Topics: RG Gynecology and obstetrics, HV Social pathology. Social and public welfare. Criminology
Publisher: Wiley-Blackwell Publishing Ltd.
Year: 2002
DOI identifier: 10.1111/1468-2230.00374
OAI identifier: oai:eprints.lse.ac.uk:6967
Provided by: LSE Research Online
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