Parental Tort Liability for Preimplantation Genetic Interventions: Technological Harms, the Social Model of Disability, and Questions of Identity

Authors

Kirsten Rabe Smolensky

Abstract

Professors Glenn Cohen, Jaime King, and Alicia Ouellette each wrote a thoughtful commentary in response to the article, Creating Children with Disabilities: Parental Tort Liability for Preimplantation Genetic Interventions. This short Essay is a reply to several broad themes that appear in these commentaries. It both clarifies several points made in the original article and makes a few additional arguments in favor of parental tort liability. In particular, this Essay addresses calls for regulation and provider liability, assesses additional costs and benefits associated with preimplantation genetic interventions, reevaluates the original proposal in a way more sensitive to persons with disabilities, and revisits the role of the Non-Identity Problem in limiting parental tort liability.

Recommended Citation

Kirsten Rabe Smolensky, Parental Tort Liability for Preimplantation Genetic Interventions: Technological Harms, the Social Model of Disability, and Questions of Identity, 60 Hastings L.J. 411 (2008).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol60/iss2/8