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    Quintavalle: The quandry in bioethics

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    QUINTAVALLE - changes accepted.pdf
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    Authors
    Cherkassky, Lisa cc
    Affiliation
    University of Derby
    Issue Date
    2016-12-31
    
    Metadata
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    Abstract
    The case of R. (Quintavalle) v. Human Fertilisation Embryology Authority (and Secretary of State for Health) presents a handful of legal problems. The biggest legal query to arise from the case is the inevitable harvest of babies, toddlers and very young children for their bone marrow. This article unpacks the judicial story behind Quintavalle to reveal how the strict provisions of the Human Fertilisation and Embryology Act 1990 - namely ‘suitable condition’ under schedule 2 paragraph 1(1)(a) and ‘treatment services’ and ‘assisting’ under section 2(1) - were widely misinterpreted to introduce the social selection of embryos into law. The legal loopholes created by the judgment (embryo wastage, welfare, eugenics and the legality of child harvest in particular) are also identified. It will be concluded that screening for a tissue match is social selection despite arguments to the contrary and that parents are not yet entitled in law to harvest a very young child for bone marrow, making the creation of a saviour sibling under the 1990 Act as a result of Quintavalle ultimately futile.
    Citation
    Cherkassky, L. (2016) 'Quintavalle: The quandry in bioethics', Journal of Law and Health, 29 (2).
    Publisher
    Cleveland State University
    Journal
    Journal of Law and Health
    URI
    http://hdl.handle.net/10545/622153
    Additional Links
    http://engagedscholarship.csuohio.edu/jlh/vol29/iss2/5
    Type
    Article
    Language
    en
    ISSN
    10446419
    Collections
    Derby Law School

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