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A Right to Opt In or Out of Gestational Work? A Right to Opt In or Out of Gestational Work?
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Access, Procreative Need, and Biological Need Access, Procreative Need, and Biological Need
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‘Biological need’ and legal limitations ‘Biological need’ and legal limitations
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Clinical gatekeeping Clinical gatekeeping
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Stratified Access Stratified Access
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Cite
Abstract
That novel technologies enabling gestation introduce new procreative possibilities concerning how human entities are brought into being, and this inevitably raises questions about who could and should have access to these technologies. Chapter 4 first considers the claims made by some scholars that the right to procreate (both in a moral and legal sense) should encompass the liberty to make decisions about gestation, and concludes that neither such a moral nor legal right exists—but more importantly, even if it did it, it would not be absolute. The better way to approach questions of access, therefore, is not to dwell on the matter of a ‘right to gestation’ but instead consider how we should afford access to technologies enabling gestation appropriately bearing in mind the importance of equality of opportunity and the harms of stratified procreation. Existing social, legal, and clinical regulation of procreative technologies has been centred around notions of the ‘biological’ and the ‘natural’ and as such they are structured by and re-embed these notions reinforcing conservative values in procreative regulation. This construction is likely to have structural impacts on the choices individuals seek to make about gestation—both in terms of the choices they want to make and that they can make.
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