one parent decides to go through the reproductive technology and the other wants to destroy it, how can the situation be settled with no government regulation?
“The United States notably lacks an adequate structural mechanism for assessing genetic and reproductive technologies.” (Lori Andrews, 44).
According to Andrews, regulatory mechanisms already exist in other countries. In the U.S. however, social value is about how much money and how far a person willing to go in order to have a child. Andrews argues that the use of reproductive technologies, including surrogacy and embryo donation, forces people to rethink legislation and societal construction of a family.
In the courts the law has defined family values, what it represents, and what it means to be considered a parent. Rights and obligations come with the responsibilities of being a parent. Family relationships that are created by reproduction technologies though change up the definition of parent and family. Andrews mentions, it is difficult to address the obligations when the roles of mother and father are not obvious. Is it defined by genetics, intention or a combination of factors? “The laws pertaining to reproductive technologies are inconsistent, some guided by intent and others guided by biology.” (Andrews, Nanette Elster 48). In other cases, a contract between the parties donating eggs/sperm, is set up in case there needs to be a clear expression of who the legal mother/father is. When it comes to reproductive technologies, determining the legal status can leave the courts in a difficult position…depending on the
case.
“The court would have been in a difficult position of having to determine whether gestation, genetic contribution, or intent is determinative of the legal status of motherhood. These potential differing outcomes are illustrative of how uncertain and inadequate the law may be in resolving these issues.” (Andrews, Elster 49).
It is necessary for couples who go into assisted reproduction to be well informed about what they are about to get themselves into. The money, doctor visits that come along with the reproductive technologies, and the commitment not only to one another, but the surrogate if they decide to use one. IVF can pose psychological risk, take many cycles that can lead to multiple pregnancies, and surrogates can get emotionally difficult for the infertile spouse. Overall it is psychologically a traumatic experience for people who really want to have children.
Embryos created through reproductive technologies do not possess any constitutional rights as people but yet they are not property either. Andrews and Elster discuss that embryos have the potential to become persons, hence gives them an