Birth Rights and Wrongs - How Medicine and Technology are Remaking Reproduction and the Law

Millions of Americans rely on the likes of birth control, IVF, and genetic testing to make plans as intimate and farreaching as any over a lifetime. This is no less than the medicine of miracles. It fills empty cradles, frees families from terrible disease, and empowers them to fashion their lives on their own terms. But accidents happen.

Pharmacists mix up pills. Lab techs misread tests. Obstetricians tell women their healthy fetuses would be stillborn. Political and economic forces conspire against regulation. And judges throw up their hands when professionals foist parenthood on people who didn't want it, or childlessness on those who did. Failed abortions, switched donors, and lost embryos may be first-world problems. But these aren't innocent lapses or harmless errors. They're wrongs in need of rights.

This book lifts the curtain on reproductive negligence, gives voice to the lives it upends, and vindicates the interests that advances in medicine and technology bring to full expression. It charts the legal universe of errors that:

(1) deprive pregnancy or parenthood of people who set out to pursue them;
(2) impose pregnancy or parenthood on those who tried to avoid these roles; or
(3) confound efforts to have a child with or without certain genetic traits.

This novel architecture forces citizens and courts to rethink the reproductive controversies of our time, and equips us to meet the new challenges-from womb transplants to gene editing-that lie just over the horizon.

Table of Contents

Foreword
Preface
Introduction
I. REPRODUCTIVE FRONTIERS
Chapter 1. "Basic Civil Rights"
Chapter 2. Missing Protections
Chapter 3. Litigation's Limits
II. THE PRICE OF ACCIDENTS
Chapter 4. Elusive Injuries
Chapter 5. Courthouse Claims
Chapter 6. Damage Awards
III. TO ERR IS TOO HUMAN
Chapter 7. Procreation Deprived
Chapter 8. Procreation Imposed
Chapter 9. Procreation Confounded
Chapter 10. Fraught Remedies
Conclusion