Abstract
Hard cases make bad law. In a matter of months, two such cases involving assisted reproduction have appeared before the U.K. High Court and legislation has been enacted. The common threads between them are consent and fatherhood. The first case concerns a ‘mistake’ resulting in sperm from the wrong man being used to create an embryo for a couple and the second the revocation of consent by a man to his former partner being allowed to use an embryo they created together. Furthermore, Parliament has intervened, passing legislation which sets out when sperm from a dead man may be used by his former partner to generate an embryo. This note argues that the three developments cannot be reconciled with one another and that the cases in particular, decided on a narrow legal basis, convey contradictory messages, leading in at least one instance to a gross injustice.
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REFERENCES
Biggs, H., ''Madonna Minus Child or Wanted: Dead or Alive! The Right to Have a Dead Partner's Child'', Feminist Legal Studies 5 (1997), 225–234.
Douglas, G., ''Assisted Reproduction and the Welfare of the Child'', Current Legal Problems 43 (1993), 53–74.
Jackson, E., Regulating Reproduction: Law, Technology and Autonomy (Oxford: Hart Publishing, 2001).
Morgan, D. and Lee, R.G., ''In the Name of the Father? Ex parte Blood: Dealing with Novelty and Anomaly'', Modern Law Review 60 (1997), 840–856.
Plomer, A., Smith I. and Martin-Clement N., ''Rationing Policies on Access to In Vitro Fertilisation in the National Health Service, UK'', Reproductive Health Matters 7 (1999), 60–70.
Sheldon S., '''Sperm Bandits', Birth Control Fraud and the Battle of the Sexes'', Legal Studies 21 (2001), 460–480.
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Miola, J. Mix-Ups, Mistake and Moral Judgement: Recent Developments in U.K. Law on Assisted Conception. Feminist Legal Studies 12, 67–77 (2004). https://doi.org/10.1023/B:FEST.0000026125.37716.d5
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DOI: https://doi.org/10.1023/B:FEST.0000026125.37716.d5