The legal rights of handicapped persons with regard to procreation

Abstract

I shall develop an overview of the legal rights of handicapped persons with regard to procreation. First, I shall discuss the concept of informed consent because it is relevant in determining how one gives or denies lawful permission for medical treatment or services. Then I shall turn to sterilization, abortion, and contraception; three specific aspects of procreation where the law has developed significantly. In the context of informed consent, I shall focus on access to these medical procedures and services and their regulation by various institutions in society. Like the previous speakers,¹ I shall stress competing considerations that must be weighed during decision-making in this sensitive area. In addition, my remarks are bottomed on the premise that legal analysis regarding procreation is the same for handicapped people as it is for people without handicaps; and, the legal analysis for people with certain handicaps is the same as it is for people with other kinds of handicaps. No particular body of law treats people with one handicap one way and people with other handicaps another way, and people without handicaps an altogether different fashion.