Reproductive Donation

Transcription

1 Reproductive Donation Reproductive donation is the most contentious area of assisted reproduction. Even within Europe there are wide variations in what is permitted in each country. This multidisciplinary book takes a fresh look at the practices of egg, sperm and embryo donation and surrogacy, bringing together ethical analysis and empirical research. New evidence is offered on aspects of assisted reproduction and the families these create, including non-traditional types. One of the key issues addressed is should children be told of their donor origin? If they do learn the identity of their donor, what kinds of relationships may be forged between families, the donor and other donor sibling families? Should donation involve a gift relationship? Is intra-familial donation too close for comfort? How should we understand the growing trend for reproductive tourism? This lively and informed discussion offers new insights into reproductive donation and the resulting donor families. m a r t i n r i c h a r d s is Emeritus Professor of Family Research in the University of Centre for Family Research, which he founded, and directed until His research concerns the psychosocial aspects of new reproductive and genetic technologies and the social and ethical issues that deployment of new technologies may raise. He publishes widely in academic journals. His books include: The Troubled Helix: Social and Psychological Implications of the New Human Genetics, edited with Theresa Marteau (1996); The Limits of Consent: a Socio-Ethical Approach, edited with John McMillan et al. (2009); Regulating Autonomy: Sex, Reproduction and Families, edited with Shelley Day-Slater et al. (2009); and Birthrights or Rites, edited with Fatemeh Ebtehaj et al. (2011). g u i d o p e n n i n g s is Professor of Ethics and Bioethics at Ghent University where he is also the Director of the Bioethics Institute Ghent (BIG). He mainly publishes on ethical problems associated with medically assisted reproduction and genetics including sex selection, gamete donation, stem cell research, fertility preservation and preimplantation genetic diagnosis. In addition, he is Affiliate Lecturer in the Faculty of Politics, Psychology, Sociology and International Studies at University and Guest Professor on Ethics in Reproductive Medicine at the Faculty of Medicine and Pharmaceutical Sciences of the Free University Brussels. j o h n b. a p p l e b y is currently a Wellcome Trust PhD student in Bioethics at the Centre for Family Research and a member of Corpus Christi College at the University of.

2

3 Reproductive Donation Practice, Policy and Bioethics Edited by Martin Richards Centre for Family Research, University of Guido Pennings Bioethics Institute Ghent, Ghent University John B. Appleby Centre for Family Research, University of

4 c a m b r i d g e u n i v e r s i t y p r e s s, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Mexico City University Press The Edinburgh Building, CB2 8RU, UK Published in the United States of America by University Press, New York Information on this title: / University Press 2012 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of University Press. First published 2012 Printed in the United Kingdom at the University Press, A catalogue record for this publication is available from the British Library Library of Congress Cataloging in Publication data Reproductive donation: practice, policy, and bioethics / [edited by] Martin Richards, Guido Pennings, John Appleby. p.; cm. Includes bibliographical references and index. ISBN (hbk) ISBN (pbk.) I. Richards, Martin, 1940 Jan. 26 II. Pennings, Guido. III. Appleby, John, 1984 [DNLM: 1. Reproductive Techniques, Assisted ethics. 2. Directed Tissue Donation. 3. Family Relations legislation & jurisprudence. 4. Reproductive Techniques, Assisted legislation & jurisprudence. 5. Surrogate Mothers legislation & jurisprudence. 6. Tissue Donors.WQ 208] 176 dc ISBN Hardback ISBN Paperback University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.

5 Contents List of contributors Acknowledgements page vii ix 1 Introduction 1 m a r t i n r i c h a r d s, g u i d o p e n n i n g s a n d j o h n b. a p p l e b y 2 The biology of donation 13 m a r t i n h. j o h n s o n 3 Ethics for reproductive donation 30 r o b e r t k l i t z m a n 4 Parenthood whose right is it anyway? 51 a n j a k a r n e i n 5 Reproductive donation: global perspectives and cultural diversity 70 z e y n e p b. g ü r t i n a n d e f f y v a y e n a 6 UK and US perspectives on the regulation of gamete donation 90 t h e r e s a g l e n n o n 7 Gamete and embryo donation: a legal view from Spain 112 y o l a n d a g a r c í a - r u i z a n d d i a n a g u e r r a - d i a z 8 The legal and ethical regulation of transnational donation 130 g u i d o p e n n i n g s a n d z e y n e p b. g ü r t i n 9 Balancing ethical criteria for the recruitment of gamete donors 150 g u i d o p e n n i n g s, e f f y v a y e n a a n d k a m a l a h u j a v

6 vi Contents 10 Challenges in intra-family donation 168 e f f y v a y e n a a n d s u s a n g o l o m b o k 11 ARTs and the single parent 189 s u s a n n a g r a h a m a n d a n d r e a b r a v e r m a n 12 Reproductive donation and justice for gay and lesbian couples 211 j o h n b. a p p l e b y, s a r a h j e n n i n g s a n d h e l e n s t a t h a m 13 Is disclosure in the best interests of children conceived by donation? 231 j o h n b. a p p l e b y, l u c y b l a k e a n d t a b i t h a f r e e m a n 14 Identifiable donors and siblings: implications for the future 250 t a b i t h a f r e e m a n, j o h n b. a p p l e b y a n d v a s a n t i j a d v a 15 Ethical issues in embryo donation 270 f i o n a m a c c a l l u m a n d h e a t h e r w i d d o w s 16 Reproduction through surrogacy: the UK and US experience 289 a n d r e a b r a v e r m a n, p o l l y c a s e y a n d v a s a n t i j a d v a 17 Some conclusions regarding the interaction of normative and descriptive elements in reproductive donation 308 g u i d o p e n n i n g s Index 311

7 Contributors k a m a l a h u j a The London Women s Clinic j o h n b. a p p l e b y Centre for Family Research, University of l u c y b l a k e Centre for Family Research, University of a n d r e a b r a v e r m a n Department of Obstetrics and Gynecology, Robert Wood Johnson Medical School p o l l y c a s e y Centre for Family Research, University of t a b i t h a f r e e m a n Centre for Family Research, University of y o l a n d a g a r c í a - r u i z Facultad de Derecho, Universidad de Valencia t h e r e s a g l e n n o n Beasley School of Law, Temple University s u s a n g o l o m b o k Centre for Family Research, University of s u s a n n a g r a h a m Centre for Family Research, University of d i a n a g u e r r a - d i a z Instituto Valenciano de Infertilidad (IVI) Barcelona z e y n e p b. g ü r t i n Centre for Family Research, University of v a s a n t i j a d v a Centre for Family Research, University of s a r a h j e n n i n g s Centre for Family Research, University of vii

8 viii List of contributors m a r t i n h. j o h n s o n Department of Physiology, Development and Neuroscience, University of a n j a k a r n e i n Institute for Political Science, Goethe-Universität Frankfurt r o b e r t k l i t z m a n Columbia University College of Physicians and Surgeons f i o n a m a c c a l l u m Department of Psychology, University of Warwick g u i d o p e n n i n g s Bioethics Institute Ghent (BIG), Ghent University m a r t i n r i c h a r d s Centre for Family Research, University of h e l e n s t a t h a m Centre for Family Research, University of e f f y v a y e n a Institute of Biomedical Ethics, University of Zurich h e a t h e r w i d d o w s Department of Philosophy, University of Birmingham

9 Acknowledgements This book grew from a workshop that was supported by a Wellcome Trust Biomedical Ethics Enhancement Award to Professor Susan Golombok and others in the Centre for Family Research, University of. We are grateful to the Wellcome Trust for making this project possible. The editors would like to express their thanks for the assistance of a number people, not least to the authors of the chapters for their forbearance and compliance with editorial demands, and to Abby Scott, Hita Hirons, Jill Brown and Frances Murton for all their work. The grant holders of the Wellcome Enhancement Award who played a vital role in the planning of the project are Susan Golombok, Tabitha Freeman, Vasanti Jadva, Helen Statham and Zeynep B. Gürtin. And our thanks to the discussants for their contributions to our workshop, Irenee Daly, John Parsons and Wannes Van Hoof. ix

10