Regulatory approaches to reproductive genetic testing

Authors: Knoppers, Bartha M.; Isasi, Rosario M.

Source: Human Reproduction, Volume 19, Number 12, December 2004 , pp. 2695-2701(7)

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Abstract:

This report analyses the ethical and legal aspects of reproductive genetic testing in 11 countries (Australia, Austria, Canada, France, Germany, India, Israel, Japan, The Netherlands, Switzerland and the UK). The legal status of reproductive genetic testing in the countries under analysis is difficult to generalize due to the different regulatory systems adopted. These approaches are a reflection of the legal traditions and cultural and socio-religious beliefs which inform and shape public policy on assisted reproductive technologies and genetic testing. We divide approaches into two groups: public ordering (legislative, top-down approach) and private ordering (non-legislative, bottom-up approach). Even limiting our analysis to a number of countries that span the range from restrictive to pragmatic approaches, there is remarkable symmetry in both the (i) substantive requirements (i.e. gravity, health indications generally) and (ii) procedural safeguards (i.e. informed consent, counselling, confidentiality, civil status, oversight and accreditation) surrounding reproductive genetic testing. Indeed, irrespective of whether a country adopts a prohibitive or a permissive approach through legislation or self-regulation or a mix of both, the ultimate decision is—and should continue to be—a medical one. Nowhere is this more evident than in the substantive requirements.

Keywords: genetic testing; legal and ethical aspects; policy; preimplantation genetic diagnosis; prenatal testing

Document Type: Research article

DOI: http://dx.doi.org/10.1093/humrep/deh505

Affiliations: 1: Centre de Recherche en Droit Public (CRDP), Faculté de Droit, Université de Montréal, CP 6128 succ., Centre-ville, Montreal, Quebec, Canada H3C3J7

Publication date: 2004-12-01

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Human Reproduction features full-length, peer-reviewed papers reporting original research, clinical case histories, as well as opinions and debates on topical issues. Papers published cover the scientific and medical aspects of reproductive physiology and pathology, endocrinology, andrology, gonad function, gametogenesis, fertilization, embryo development, implantation, pregnancy, genetics, genetic diagnosis, oncology, infectious disease, surgery, contraception, infertility treatment, psychology, ethics and social issues. The highest scientific and editorial standard is maintained throughout the journal along with a rapid rate of publication.

Regulatory approaches to reproductive genetic testing

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