Saviour siblings: the role of the welfare principle within the law of assisted reproductive technology in England and Wales (Part 1)

Madeleine Whelan Fourteen

In this article Madeleine Whelan examines and explains the law governing the use of assisted reproductive technology to create children in England & Wales contained within the Human Fertilisation and Embryology Act 1990. The article looks at this law within the context of 'saviour siblings' that is a child born to provide an organ or cell transplant to a sibling who is affected by a (usually) life-threatening disease. Madeleine explores whether the existing law of children’s welfare particularly the paramountcy principle is appropriate for the law governing the creation (rather than continued existence) of children and how it fits in to the broader context of English law concerning the creation of children. The article looks at studies undertaken of saviour siblings and the potential impact the use of this technology may have on them and asks how the law in this area can justify a relational rather than paramountcy approach.  

The full article will be published in the January issue of Family Law. 

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Read the full article here.