Copyright (c) 1994 University of Cincinnati Law Review.
University of Cincinnati
COMMENTS: MODERN REPRODUCTIVE TECHNOLOGY AND MOTHERHOOD: THE SEARCH FOR COMMON GROUND AND THE RECOGNITION OF DIFFERENCE
62 U. Cin. L. Rev. 1623
Mary Lynne Birck *
Modern reproductive technology primarily concerns expanding reproductive choice, trying both to provide fertile couples with more accurate and varied ways to prevent pregnancy and to assist previously infertile individuals to produce offspring with the use of new technology. 1 During the 1970s and 1980s, legal activity dealing with reproductive technology emphasized the right to prevent pregnancy and determined permissible state regulation of that right. 2 At the same time, the legislatures and courts directed relatively little attention toward regulating the use of the technology that was being developed to induce pregnancy in those who were previously infertile.
There is reason to believe, however, that the next two decades will witness increased legal activity aimed at regulating infertility technology and redefining procreative and parental rights. Because of high infertility rates 3 and the difficulty of adopting children, 4 medically as sisted reproduction is an attractive option for many individuals. 5 Moreover, many people want genetically related offspring for various reasons, including the powerful, innate desire to reproduce bloodlines as a connection to future generations, 6 or due to cultural pressures. 7
Another indication of future legal activity in this area of reproductive choice is the heightened political and social debate in redefining "family." Indeed, the national struggle to define "family" and "family values" gained considerable momentum during the 1992 presidential campaign. 8 In the debate over what is "family," the discussion will inevitably ask, "Who is mother?" - a question not easily answered in light of ...
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