Dov Fox, ‘Making Things Right When Reproductive Medicine Goes Wrong: Reply to Robert Rabin, Carol Sanger, and Gregory Keating’

Abstract
Why does US law turn a blind eye when OB/GYN docs foist unwanted procreation? Or when fertility clinics deny parenthood to those desperate to form a family? Or when sperm banks disrupt plans for offspring with particular genetic traits? This is a reply to three critiques of my essay on ‘Reproductive Negligence’, 117 Columbia Law Review 149 (2017). Professors Robert Rabin, Carol Sanger, and Gregory Keating ask: Are these injuries too slight, squishy, or subjective? Are my proposed remedies doomed by the moral politics of abortion? Weren’t victims already infertile? Can they really ‘lose’ a child they never had? And can’t they still abort or adopt? Besides, aren’t children blessings anyway? And don’t they come to love the one they have? These are among the questions I answer here by reference to recent cases from dropped embryos to donor mix-ups.

Fox, Dov, Making Things Right When Reproductive Medicine Goes Wrong: Reply to Robert Rabin, Carol Sanger, and Gregory Keating (April 11, 2018). Columbia Law Review Online, vol 118, pages 94-117, 2018; San Diego Legal Studies Paper No 18-343.

First posted 2018-05-03 06:36:40

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