Mark Strasser


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.

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