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Conception and the irrelevance of the welfare principle

Jackson, Emily (2002) Conception and the irrelevance of the welfare principle. Modern Law Review, 65 (2). pp. 176-203. ISSN 0026-7961

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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.

Item Type: Article
Official URL: http://www3.interscience.wiley.com/journal/1179743...
Additional Information: © 2002 Wiley-Blackwell Publishing Ltd
Library of Congress subject classification: R Medicine > RG Gynecology and obstetrics
H Social Sciences > HV Social pathology. Social and public welfare. Criminology
Sets: Departments > Law
Research centres and groups > BIOS (Centre for the Study of Bioscience, Biomedicine, Biotechnology and Society)
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 08 Oct 2008 15:15
URL: http://eprints.lse.ac.uk/6967/

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