Reproductive negligence: A proposal

Writing in the Columbia Law Review, Associate Professor Dov Fox proposes a novel framework of reproductive wrongs. It distinguishes misconduct that (1) imposes unwanted pregnancy or parent­hood, (2) deprives wanted pregnancy or parenthood, and (3) confounds efforts to have or avoid a child born with particular traits. It also introduces a right to recover when reproductive professionals perpe­trate these wrongs.

The essay by Fox has been followed by a series of thoughtful replies, such as by Professor Gregory Keating and more recently by Professor Carol Sanger in her note entitled ‘The Lopsided Harms of Reproductive Negligence’.



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