Residential College | false |
Status | 已發表Published |
Wrongful genetic connection: neither blood of my blood, nor flesh of my flesh | |
Vera Lúcia Raposo | |
Source Publication | Medicine, Health Care and Philosophy |
ISSN | 1386-7423 |
2019-10-04 | |
Abstract | The use of reproductive techniques and the eventual reproductive negligence from the provider of reproductive services gave rise to situations in which the intended parents are deprived of raising a child genetically connected to them. Courts have been dealing with cases of those for years, but have systemically denied claimants (the prospective parents) compensation, failing to recognise as damage the loss of genetic connection. In 2017, for the first time, the Singapore High Court provided compensation for that damage, labelled “loss of genetic affinity” (ACB v Thomson Medical Pte Ltd and Others [2017] SGCA 20). This paper will argue that the damage in question is the loss of genetic connection (wrongful genetic connection) and results from a violation of reproductive rights (and eventually also the right to found a family) because a key element of reproductive rights is to have children with whom we keep a genetic bond and raise them. The paper will explain why the arguments classically argued against such compensation are unfounded and it will argue for a compensation covering both patrimonial and non-patrimonial damages. |
Keyword | Compensation Genetic Connection Geneticism Offspring Features Reproductive Rights |
Language | 英語English |
DOI | 10.1007/s11019-019-09927-1 |
URL | View the original |
Volume | 23 |
Issue | 2 |
Pages | 309-319 |
WOS ID | WOS:000557498700001 |
WOS Subject | Ethics ; History & Philosophy Of Science |
WOS Research Area | Social Sciences - Other Topics ; History & Philosophy Of Science |
Indexed By | SSCI ; A&HCI |
Scopus ID | 2-s2.0-85074359617 |
Fulltext Access | |
Citation statistics | |
Document Type | Review article |
Collection | Faculty of Law |
Corresponding Author | Vera Lúcia Raposo |
Affiliation | Faculty of Law,University of Macau,Taipa,Room 2043, E32, Avenida da Universidade,Macao |
First Author Affilication | Faculty of Law |
Corresponding Author Affilication | Faculty of Law |
Recommended Citation GB/T 7714 | Vera Lúcia Raposo. Wrongful genetic connection: neither blood of my blood, nor flesh of my flesh[J]. Medicine, Health Care and Philosophy, 2019, 23(2), 309-319. |
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