Abstract
More and more individuals seeking to expand their families make use of
someone else’s gametes to help create a child. Unsurprisingly, those
considering the use of donated or purchased gametes often seek reassurance
that the use of those gametes will not create an increased risk that a child
thereby produced will have a severe disease. Sometimes, because of negligence
or recklessness, gametes are used that result in children having severe disease
where that outcome would have been avoided though the use of reasonable
care. Regrettably, courts addressing whether liability may be imposed in such
cases have sometimes misunderstood and misapplied the prevailing
reproductive torts jurisprudence and denied recovery, thereby promoting the
very practices that public policy should discourage. This Article offers courts
an approach that is more likely to promote both individual interests and good
public policy.
Repository Citation
Mark Strasser,
Making Preconception Tort Theory Crisper,
105 Marq. L. Rev. 297
(2021).
Available at: https://scholarship.law.marquette.edu/mulr/vol105/iss2/4