Mandatory Disclosure FINAL SUBMITTED 17.8.20.docx (85.08 kB)
Reconceptualising the interest in knowing one’s origins: a case for mandatory disclosure
journal contributionposted on 2020-09-09, 13:40 authored by Katherine Wade
The aim of this article is to make a case for mandatory disclosure in assisted reproduction.This refers to a system whereby those who are born through gamete donation and/orsurrogacy would be notified about the manner of their birth and the availability ofinformation about their genetic and/or gestational origins. The article argues that, to date, thelaw has interpreted an individual’s interest in knowing their origins as being predominatelyabout identity. However, the central importance of the principle of autonomy in theconceptualisation of this interest has been overlooked. A reconceptualisation of the interest inknowing one’s origins as being concerned predominantly with autonomy provides ajustification for mandatory disclosure. It is argued that the interest of individuals bornthrough assisted reproduction in having autonomous choice regarding the significance ofinformation about their origins should be prioritised over the autonomous choices of parentsnot to disclose to their offspring the manner of their birth.
CitationMedical Law Review, Volume 28, Issue 4, Autumn 2020, Pages 731–752, https://doi.org/10.1093/medlaw/fwaa032
Author affiliationSchool of Law
- AM (Accepted Manuscript)