Parental Preferences and Procreative Choices: Reproductive Liberty and the Regulation of Preimplantation Genetic Diagnosis

Abstract

Preimplantation genetic diagnosis (PGD) is a procedure that enables the identification of gene variants in an embryo created by in vitro fertilization. It was first developed as a means by which couples known to be at risk of transmitting serious genetic disorders to their offspring could attempt to conceive a child without that particular condition. Although first utilised to diagnose conditions such as cystic fibrosis, haemophilia or Huntington Disease—the scope of PGD has extended considerably over the years and may now be used to identify gene variants associated not only with genetic disorders, but also other gene-based characteristics or traits such as sex.

States have responded to this new genetic technology in diverse ways. Such responses range from complete prohibition in some jurisdictions to more laissez faire approaches. Others, including New Zealand and the United Kingdom, have introduced initiatives that regulate, at the state level, the extent of parental choice in this context.

This thesis is broadly premised on the argument that reproductive liberty constitutes a fundamental value in liberal societies regardless of the fact that it has not always been sufficiently respected, or even recognized, by law. An additional central argument is that this presumption of reproductive liberty is just as arguable in the context of assisted reproduction as it is in relation to natural reproduction. This thesis draws on liberal principles, as well as a critique of anti-liberal accounts, to ultimately suggest that a restrictive regulatory approach to PGD is problematic.