Human Fertilisation and Embryology Regulating the Reproductive Revolution

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Edition: 1st
Format: Paperback
Pub. Date: 2002-11-07
Publisher(s): Blackstone Press
List Price: $107.27

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Summary

Based on the "Guide to the Human Fertilisation and Embryology Act 1990", this volume reviews the regulation of assisted conception including complex moral issues such as abortion, embryo research and cloning. It offers a comprehensive guide to the 1990 legislation as well as important legal and technical developments since that time.

Author Biography


Robert G. Lee is Professor of Law and Head of Cardiff Law School. He is the author of SWOT Constitutional and Administrative Law and co-author of Blackstone's Statutes on Public Law and Human Rights. Derek Morgan is Director of Education Chair and Education Development Panel Reader in Health Care Law and Jurisprudence at Cardiff Law School.

Table of Contents

Preface vii
Table of Cases
ix
Table of Statutes
xiii
Human Fertilisation and Embryology -- Ten Years On
1(22)
Introduction
The legislative debate
The Act and the regulatory body: keeping pace with developments
The Human Fertilisation and Embryology Act 1990
The regulation of assisted conception
Notes
Law, Morals and Assisted Conception
23(34)
Introduction
Types of philosophical argument
Reproductive rights
Feminisms' responses to reproduction and regulation
The ethic of care
Law and morals
Law and morality: abortion and embryo research
What is infertility and what are its causes?
Concerns with infertility
Why legislate?
Notes
Embryo Research
57(45)
The timing of early human development
Cells, sperm and eggs
The embryo
The moral status of the embryo
Attitudes to the embryo: ethical approaches
When did I begin: a moveable feast?
The Parliamentary debates on embryo research: the 1990 Bill
Arguments against embryo research
Arguments in favour of embryo research
The legal status of the embryo
In the United Kingdom
European approaches to embryo research
The embryo and the 1990 Act
Law, science and public policy
Notes
The Human Fertilisation and Embryology Authority
102(32)
The composition of the HFEA
The HFEA and information
Directions
Regulations
The Code of Practice
Licences
The Licence Committee
The licensing procedure
Introduction
Inspection
Licence conditions
Revocation, variation and suspension of licences
Audit
Appeals and judicial review
Appeals
Judicial review
The Human Rights Act 1998
Notes
Regulating Clinical Practice
134(22)
Introduction
What are treatment services?
Why regulate treatment services?
Why form of regulation?
Life at the regulatory boundaries: the case of GIFT
The legality of taking and storing ovarian tissue and gametes
Treatment licences and breach of licence
Criminal offences
Notes
Access to and Delivery of Treatment Services
156(16)
Access to treatment and questions of resources
Licensing parents? The background to the welfare provisions
The working of the welfare provision
Conscience clauses
Notes
Consent and Counselling
172(19)
Consent and the common law
Posthumous treatments
Counselling and assisting conception
Notes
Surrogacy
191(26)
`Sensitive subjects of human endeavour'
Introduction
Surrogacy stories
Incidence of surrogacy
Surrogacy: the standard arguments
Surrogacy and the 1985 Act
Surrogacy and the 1990 Act
HFEA Code of Practice
Enforceability of surrogacy arrangements
Birth registration
The metamorphosis of surrogacy
Technology transfers
Ethical evolution: the views of the BMA
Regulating reproduction: changing the template
The Brazier Review
Commodification and exploitation
The consequences
Notes
Children of the Reproduction Revolution
217(23)
Status provisions
Mothers
Saving surrogacy
Fathers
Posthumous children
General provisions
Access to information
Conclusion
Notes
Liability and Responsibility
240(25)
The law of abortion: the 1861 Act and the 1929 Act
Historical background
`Capable of being born alive'?
The law of abortion: the 1967 Act and the 1990 Act
The grounds of abortion
Selective reduction of multiple pregnancy
Medicinal terminations
Civil liability: congenital disability
Congenital disability: product liability
Notes
Assisted Conception: The International Response
265(41)
Introduction
The challenges of regulating medical practices
International approaches to assisted conception
Scandinavia
Mainland Europe
North America
Australasia
The Middle East and Far East
Notes
Appendix 1 Human Fertilisation and Embryology Act 1990 306(35)
Appendix 2 HFEA Code of Practice (Fourth Edition) 341(43)
Appendix 3 Glossary 384(9)
Index 393

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