Playing the Odds or Playing God? Limiting Paternal Ability to Create Disabled Children Through Preimplantation Genetic Diagnosis
Advances in assisted reproductive technology in the last two decades have made it possible to screen embryos for certain genetic disabilities and diseases to ensure that children are born free from disability or disease. Recently, however, disabled parents and their physicians have used this technology to assure that their children are born with the same disability with which they are afflicted. This Comment argues that parents have neither a moral right nor a legal right to use this technology for this purpose. Because there is no federal or state legislation to directly regulate reproductive technology used in this manner, this Comment presents an alternative solution by using the tort law system as a method of indirect regulation of these technologies.