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Wrongful genetic connection: neither blood of my blood, nor flesh of my flesh
Vera Lúcia Raposo
Source PublicationMedicine, Health Care and Philosophy
ISSN1386-7423
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.

KeywordCompensation Genetic Connection Geneticism Offspring Features Reproductive Rights
Language英語English
DOI10.1007/s11019-019-09927-1
URLView the original
Volume23
Issue2
Pages309-319
WOS IDWOS:000557498700001
WOS SubjectEthics ; History & Philosophy Of Science
WOS Research AreaSocial Sciences - Other Topics ; History & Philosophy Of Science
Indexed BySSCI ; A&HCI
Scopus ID2-s2.0-85074359617
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Document TypeReview article
CollectionFaculty of Law
Corresponding AuthorVera Lúcia Raposo
AffiliationFaculty of Law,University of Macau,Taipa,Room 2043, E32, Avenida da Universidade,Macao
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty 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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