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    Selecting a disabled embryo can constitute grievous bodily harm

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    Medico-Legal Journal of Ireland.pdf
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    Authors
    Cherkassky, Lisa cc
    Affiliation
    University of Derby
    Issue Date
    2015
    
    Metadata
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    Abstract
    The Human Fertilisation and Embryology Act 1990 (as amended) in the UK allows parents to select a disabled embryo for implantation as part of fertility treatment services. There was widespread condemnation of a couple in the United States who intentionally conceived two deaf children, and there is evidence to suggest that requests for dwarfism are on the rise. This article suggests that it is an offence against the person to give birth to an intentionally disabled child, and that this is a unique criminal act that can be distinguished from a wrongful life action (rejected in UK law by McKay v Essex Area Health Authority [1982] Q.B. 1166). The components of s.18 of the Offences Against the Person Act 1861 will be explored to prove that should an intentionally disabled child ever come forward, a prosecution may be possible under the criminal law.
    Citation
    Cherkassky, L. (2015) 'Selecting a disabled embryo can constitute grievous bodily harm' Medico-Legal Journal of Ireland, 21(1), 16-21.
    Journal
    Medico-Legal Journal of Ireland
    URI
    http://hdl.handle.net/10545/609452
    Additional Links
    http://www.ucd.ie/legalmed/mlji.html
    Type
    Article
    Language
    en
    Collections
    Derby Law School

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