Reproductive genetics 1991-2002: a selected annotated legal bibliography of genetic testing, gene transfer and reproductive cloning.
Year: 2003
Type: article
Abstract: In this article policy recommendations are made regarding the regulation of fetal cell sorting (FCS) (an investigational form of prenatal testing that is not yet available clinically).FCS involves testing circulating fetal cells found in maternal blood.It is less invasive and poses fewer risks than other methods of prenatal testing (e.g., chorionic villus sampling or amniocentesis).The author raises two concerns: (1) doctors may routinely perform genetic testing on fetal cells in maternal blood without prior consent; and (2) states may mandate FCS to test for genetic defects in the fetus.Since many of the defects that can be tested for cannot be treated, such policies may encourage termination of pregnancy.In addition, mandatory testing means that the woman is required to learn genetic information about herself (e.g., that she has the gene for Huntington's disease) that she might not wish to know.Genetic test results also may influence how a parent interacts with a child after birth, and may lead to discrimination in insurance coverage or employment, and stigmatization of those with genetic disability and those who choose not to terminate pregnancy.The author advocates against mandatory use of FCS.She cites several legal arguments in support of this proposed policy.These are: (1) right of medical privacy -e.g., not to know information about oneself; (2) Fourth Amendment right against unlawful search and seizure; (3) right to bodily integrity; (4) reproductive autonomy; and (5) right to make parenting decisions.Against these she weighs the potential state interests in mandating testing, and concludes that they do not
Source: PubMed
Author: Gail H Javitt
Language: English
Field: Medicine
Domain: Health Sciences
Open Access status: green
OpenAlex ID: W1930195892