TOWARDS FACILITATIVE REGULATION OF ASSISTED REPRODUCTIVE TREATMENT IN AUSTRALIA

Millbank, J; Karpin, IA; Stuhmcke, AG

TOWARDS FACILITATIVE REGULATION OF ASSISTED REPRODUCTIVE TREATMENT IN AUSTRALIA

Millbank, J

Karpin, IA

Stuhmcke, AG

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Publisher:: Lawbook Co
Publication Type:: Journal Article
Citation:: Journal of Law and Medicine, 2013, 20 (4), pp. 701 - 711
Issue Date:: 2013-01

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Field	Value	Language
dc.contributor.author	Millbank, J https://orcid.org/0000-0002-8934-7945	en_US
dc.contributor.author	Karpin, IA https://orcid.org/0000-0001-9326-3421	en_US
dc.contributor.author	Stuhmcke, AG https://orcid.org/0000-0002-3679-7301	en_US
dc.date.issued	2013-01	en_US
dc.identifier.citation	Journal of Law and Medicine, 2013, 20 (4), pp. 701 - 711	en_US
dc.identifier.issn	1320-159X	en_US
dc.identifier.uri	http://hdl.handle.net/10453/31927
dc.description.abstract	This editorial introduces four articles reporting on the results of a four-year ARC-funded research project undertaken at the University of Technology Sydney. The study explored how Australian laws and policies across States and Territories affected the decisions of assisted reproductive treatment users with respect to their frozen embryos. In this editorial we offer some conclusions about the impact of the law which we argue fundamentally fails to take account of the diversity of ways in which embryos have meaning for the women and men who created them. We believe that informed choice and autonomy in the area of reproduction is vital. This goes beyond "consent" to a particular outcome and involves an active and ongoing process of selection. State intervention in decisions about family formation should only occur in pursuit of legitimate objectives, justified by evidence, and intrude only to the extent that is absolutely necessary. Therefore, we conclude that there must be a fundamental rethinking of the role of the state in the regulation of assisted reproductive treatment towards one of facilitative regulation. Major reforms that follow from this reconceptualisation include the provision of external information-giving and dispute resolution body or bodies to assist genuinely informed decision-making.	en_US
dc.publisher	Lawbook Co	en_US
dc.relation.ispartof	Journal of Law and Medicine	en_US
dc.title	TOWARDS FACILITATIVE REGULATION OF ASSISTED REPRODUCTIVE TREATMENT IN AUSTRALIA	en_US
dc.type	Journal Article
utslib.citation.volume	4	en_US
utslib.citation.volume	20	en_US
utslib.for	1801 Law	en_US
utslib.for	11 Medical and Health Sciences	en_US
utslib.for	18 Law and Legal Studies	en_US
utslib.for	22 Philosophy and Religious Studies	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/e-Press
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - HJ - Health Justice
utslib.copyright.status	closed_access
pubs.consider-herdc	false	en_US
pubs.issue	4	en_US
pubs.volume	20	en_US

Abstract:

This editorial introduces four articles reporting on the results of a four-year ARC-funded research project undertaken at the University of Technology Sydney. The study explored how Australian laws and policies across States and Territories affected the decisions of assisted reproductive treatment users with respect to their frozen embryos. In this editorial we offer some conclusions about the impact of the law which we argue fundamentally fails to take account of the diversity of ways in which embryos have meaning for the women and men who created them. We believe that informed choice and autonomy in the area of reproduction is vital. This goes beyond "consent" to a particular outcome and involves an active and ongoing process of selection. State intervention in decisions about family formation should only occur in pursuit of legitimate objectives, justified by evidence, and intrude only to the extent that is absolutely necessary. Therefore, we conclude that there must be a fundamental rethinking of the role of the state in the regulation of assisted reproductive treatment towards one of facilitative regulation. Major reforms that follow from this reconceptualisation include the provision of external information-giving and dispute resolution body or bodies to assist genuinely informed decision-making.

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http://hdl.handle.net/10453/31927