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Dethroning Choice: Analogy, Personhood, and the New Reproductive Technologies

Published online by Cambridge University Press:  01 January 2021

Extract

There is something about the debate over reproductive technologies of all kinds—from coerced use of Norplant to trait-selection technologies, to issues surrounding in vitro fertilization (IVF), to fetal tissue transplantation—that seems to invite dubious analogies. A Tennessee trial court termed Mary Sue and Junior Davis's frozen embryos “in vitro children” and applied a best-interests standard in awarding “custody” to Mary Sue Davis; the Warnock Committee drew an implicit analogy between human gametes and transplantable organs in its recommendation of a voluntary, nonprofit system for collecting and distributing gametes in the United Kingdom; Owen Jones compares the right to trait-selection to the right to abortion; Robert Veatch once claimed that if a woman had signed an organ donation card and then died while pregnant, she had in effect given consent to the attempt to sustain the pregnancy after her death; John Robertson has argued that contract pregnancy poses no problems we have not already encountered with adoption; and Andrea Bonnicksen has compared the wonders of preembryonic genetic screening to the riches housed in the gold museum in Bogota, Colombia.

Type
Article
Copyright
Copyright © American Society of Law, Medicine and Ethics 1995

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References

Davis v. Davis v. King, E-14496 (5th Jud. Ct., Tenn. 1989).Google Scholar
Great Britain, Department of Health and Social Security (chairman Mary Warnock), Report of the Committee of Inquiry into Human Fertilisation and Embryology (London: Her Majesty's Stationery Office, 1984).Google Scholar
Jones, Owen D., “Reproductive Autonomy and Evolutionary Biology: A Regulatory Framework for Trait-Selection Technologies,” American Journal of Law & Medicine, XIX (1993): at 601.Google Scholar
Veatch, Robert, “Maternal Brain Death: An Ethicist's Thoughts,” JAMA, 248 (1982): 1102–03.CrossRefGoogle Scholar
Robertson, John A., “Surrogate Mothers: Not So Novel After All,” Hastings Center Report, 13, no. 5 (1983): 2834.CrossRefGoogle Scholar
Bonnicksen, Andrea, “Genetic Diagnosis of Human Embryos,” Hastings Center Report, 22, no. 4, Supp. (1992): at S5.Google Scholar
Robertson, John, Children of Choice: Freedom and the New Reproductive Technologies (Princeton: Princeton University Press, 1994): at 16.Google Scholar
When it comes to familial connections, it seems that people are not readily replaceable. That is why we laugh at W.C. Field's encounter with a distraught mother whose baby has just died. “No matter, Madam,” he leers, “I will gladly get you with another.”Google Scholar
For a more detailed account of this kind of argument, see Nelson, Hilde Lindemann Nelson, James Lindemann, The Patient in the Family (New York: Routledge, 1955): at ch. 5.Google Scholar
Sidgwick, Henry, The Methods of Ethics (Chicago: University of Chicago Press, 1962): at 249. Sidgwick's argument is discussed in Jeffrey Blustein, “Child Rearing and Family Interests,” in Onoral O'Neill and Ruddick, William, eds., Having Children (Oxford: Oxford University Press, 1979); discussion of Blustein on Sidgwick is found in Nelson, James Lindemann, “Parental Obligations and the Ethics of Surrogacy: A Causal Perspective,” Public Affairs Quarterly, 5 (1991): at 51.CrossRefGoogle Scholar
Kant, Immanuel, Metaphysical First Principles of the Doctrine of Right, trans. Gregor, Mary (Cambridge: Cambridge University Press, 1991): at PA 281.Google Scholar
Id. at PA 336.Google Scholar
Schultz, Marjorie Maguire, “Reproductive Technology and Intent-Based Parenthood: An Opportunity for Gender Neutrality,” Wisconsin Law Review, 1990 (1990): at 308–09.Google Scholar
Katz-Rothman, Barbara, The Tentative Pregnancy: Prenatal Diagnosis and the Future of Motherhood (New York: Viking, 1986).Google Scholar
Foucault, Michel, Power/Knowledge: Selected Interviews & Other Writings, 1972–1977, ed. Gordon, Colin (New York: Pantheon, 1980): at 98, 39.Google Scholar
Id. at 107.Google Scholar
Id. at 73–74.Google Scholar
Foucault, Michel, “Nietzsche, Genealogy, History,” in Language, Counter-Memory, Practice: Selected Essays and Interviews by Michel Foucault, trans. Bouchard, Donald F. Simon, Sherry (Ithaca: Cornell University Press, 1977): at 153.Google Scholar
Foucault, Michel, Discipline and Punish: The Birth of the Prison, trans. Sheridan, Alan (New York: Vintage, 1979): at 29.Google Scholar
For excellent answers from the feminist ethics of care alone, see Held, Virginia, “Non-Contractual Society,” in Hanen, Marsha Nielsen, Kai, eds., Science, Morality, and Feminist Theory (Calgary: University of Calgary Press, 1987): 111–37; Ruddick, Sara, Maternal Thinking: Toward a Politics of Peace (Boston: Beacon Press, 1989); Manning, Rita, Speaking from the Heart: A Feminist Perspective on Ethics (Lanham: Rowman & Littlefield, 1992); and Tronto, Joan C., Moral Boundaries: A Political Argument for an Ethic of Care (New York: Routledge, 1993).Google Scholar
See King, Michael B. Pattison, Pat, “Homosexuality and Parenthood,” British Medical Journal, 303, 3 Aug. (1991): 295–97.CrossRefGoogle Scholar