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- Title
MAKING PRECONCEPTION TORT THEORY CRISPER.
- Authors
STRASSER, MARK
- Abstract
More and more individuals seeking to expand their families make use of someone else's gametes to help create a child. Unsurprisingly, those considering the use of donated or purchased gametes often seek reassurance that the use of those gametes will not create an increased risk that a child thereby produced willhaveaseveredisease. Sometimes. because ofnegligence or recklessness. gametes are used that result in children having severe disease where that outcome would have been avoided though the use of reasonable care. Regrettably, courts addressing whether liability may be imposed in such cases have sometimes misunderstood and misapplied the prevailing reproductive torts jurisprudence and denied recovery. thereby promoting the very practices that public policy should discourage. This Article offers courts an approach that is more likely to promote both individual interests and good public policy.
- Subjects
TORT theory; FAMILIES; JURISPRUDENCE; GOVERNMENT policy; NEGLIGENCE
- Publication
Marquette Law Review, 2021, Vol 105, Issue 2, p297
- ISSN
0025-3987
- Publication type
Article