Main description:

In 2004, the Assisted Human Reproduction Act was passed by the Parliament of Canada. Fully in force by 2007, the act was intended to safeguard and promote the health, safety, dignity, and rights of Canadians. However, a 2010 Supreme Court of Canada decision ruled that key parts of the act were invalid. Regulating Creation is a collection of essays built around the 2010 ruling. Featuring contributions by Canadian and international scholars, it offers a variety of perspectives on the role of law in dealing with the legal, ethical, and policy issues surrounding changing reproductive technologies. In addition to the in-depth analysis of the Canadian case the volume reflects on how other countries, particularly the U.S., U.K. and New Zealand regulate these same issues. Combining a detailed discussion of legal approaches with an in-depth exploration of societal implications, Regulating Creation deftly navigates the obstacles of legal policy amidst the rapid current of reproductive technological innovation.

Contents:

List of Contributors Trudo Lemmens & Andrew Flavelle Martin Introduction Part 1: Background to the Reference re: Assisted Human Reproduction Act and Constitutional Law and Federalism Perspectives Chapter 1: Bernard M. Dickens An Historical Introduction to the Supreme Court's Decision on the Assisted Human Reproduction Act Chapter 2: Ian B Lee Licensing and the AHRA Reference Chapter 3: Hoi Kong The Federalism Implications of the Assisted Human Reproduction Act Reference Chapter 4: Glenn Rivard Federal and Provincial Jurisdictions with respect to Health: Struggles amid Symbiosis Part 2: Family Law and Children's Rights Perspectives Chapter 5: Carol Rogerson Determining Parentage in Cases Involving Assisted Reproduction: An Urgent Need for Provincial Legislative Action Chapter 6: Michelle Giroux & Cheryl Milne The Right to Know One's Origins, the AHRA Reference and Pratten v AGBC: A Call for Provincial Legislative Action Chapter 7: Vanessa Gruben A Number but No Name: Is There a Constitutional Right to Know One's Sperm Donor in Canadian Law? Chapter 8: Juliet Guichon The Priority of the Health and Well-being of Offspring: The Challenge of Canadian Provincial and Territorial Adoption Disclosure Law to Anonymity in Gamete and Embryo Provision ("Donor" Conception) Chapter 9: Jeanne Snelling A Time for Change? The Divergent Approach of Canada and New Zealand to Donor Conception and Donor Identification Chapter 10: Jennifer M. Speirs What adoption law suggests about donor anonymity policies: a UK perspective Part 3: Commodification and commercialization of Assisted Human Reproduction, Access and Funding of AHR, and the Role of Law Chapter 11: Lisa C. Ikemoto Assisted Reproductive Technology Use among Neighbors: Commercialization Concerns in Canada and the United States, in the Global Context Chapter 12: Susan G. Drummond Fruitful Diversity: Revisiting the Enforceability of Gestational Carriage Contracts Chapter 13: Stu Marvel et al Listening to LGBTQ People on Assisted Human Reproduction: Access to Reproductive Material, Services and Facilities Chapter 14: Colleen M Flood & Bryan Thomas, Regulatory Failure: The Case of the Private-For-Profit IVF Sector Chapter 15: Sarah Hudson Great Expectations: Access to Assisted Reproductive Services and Reproductive Rights Chapter 16: Trudo Lemmens The Commodification of Gametes: Why Prohibiting Untrammelled Commercialization Matters Appendix: Expert Reports Appendix 1: Francoise Baylis The Regulation of Assisted Human Reproductive Technologies and Related Research: A Public Health, Safety and Morality Argument [Expert Opinion for the Federal Government] Appendix 2: Bartha M. Knoppers & Elodie Petit Quebec: A pioneer in the Regulation of AHR and Reserch in Canada [Expert Opinion for the Government of Quebec]