J. K. Mason - Medico-Legal Aspects of Reproduction and Parenthood

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MEDICO-LEGAL ASPECTS OF REPRODUCTION AND PARENTHOOD

ADDENDUM

Some of the discussion of the Human Fertilisation and Embryology Act 1990 in is unclear as to the distinction between the precise wording and the spirit of the Act. For the avoidance of doubt:

Section 4(1)(b) admits the possibility of donor insemination in private without the cover of a licence although the probable intention of the Act was to encourage the use of licensed clinics. Thus, while surrogacy is indirectly under the control of the Human Fertilisation and Embryology Authority insofar as it requires donor insemination, such control is only partial (page 260).

Section 28(2) is unconditional as to the status of the operator. Thus, the results of privately arranged inseminations are included in the section but, reading the section as a whole, HFEA would probably perceive it as requiring licensed treatment to be fully effective (page 215).

Titles in the Series:

A Patients Right to Know: Information Disclosure, the Doctor and the Law

Sheila A.M. McLean, University of Glasgow

New Reproductive Techniques: A Legal Perspective

Douglas J. Cusine, University of Aberdeen

Intersections: Women on Law, Medicine and Technology

Edited by Kerry Petersen, La Trobe University

Law Reform and Human Reproduction

Edited by Sheila A.M. McLean, University of Glasgow

Legal and Ethical Issues in the Management of the Dementing Elderly

Mary Gilhooly, University of Glasgow

Legal Issues in Human Reproduction

Edited by Sheila A.M. McLean, University of Glasgow

Mental Illness: Prejudice, Discrimination and the Law

Tom Campbell, Australian National University, Canberra and
Chris Heginbotham, Riverside Mental Health Trust, London

Pregnancy at Work

Noreen Burrows, University of Glasgow

Changing People: The Law and Ethics of Behaviour Modification

Alexander McCall Smith, University of Edinburgh

Health Resources and the Law: Who Gets What and Why

Robert G. Lee, Cardiff Law School and Frances H. Miller, University of Boston

Surrogacy and the Moral Economy

Derek Morgan, Cardiff Law School

Family Planning Practice and the Law

Kenneth McK. Norrie, University of Strathclyde

Mental Health Law in Context: Doctors Orders?

Michael Cavadino, University of Sheffield

Artificial Reproduction and Reproductive Rights

Athena Liu, University of Hong Kong

Medicine, Law and Social Change

Leanna Darvall, La Trobe University

Abortion Regimes

Kerry A. Petersen, La Trobe University

Human In Vitro Fertilization: A Case Study in the Regulation of Medical Innovation

Jennifer Gunning, Agricultural and Food Research Council and
Veronica English, Human Fertilisation and Embryology Authority

Law Reform and Medical Injury Litigation

Edited by Sheila A.M. McLean, University of Glasgow

Legal Issues in Obstetrics

Vivienne Harp wood, Cardiff Law School

Competence to Consent to Medical Treatment

John Devereux, Griffith University

Death, Dying and the Law

Edited by Sheila A.M. McLean, University of Glasgow

The Contractual Reallocation of Procreative Resources and Parental Rights: The Natural Endowment Critique

William Joseph Wagner, The Catholic University of America

Clinical Resource Allocation

Christopher Heginbotham, Riverside Mental Health Trust, London and
Peter Mumford, Kings Fund College, London

Designer Babies

Robert Lee, Cardiff Law School and Derek Morgan, Cardiff Law School

Contemporary Legal Issues in Law, Medicine and Ethics

Edited by Sheila A.M. McLean, University of Glasgow

All titles are provisional

MEDICO-LEGAL ASPECTS OF REPRODUCTION AND PARENTHOOD

SECOND EDITION

J.K. MASON

CBE, MD, LLD, FRCPath, FRSE

Regius Professor (Emeritus) of Forensic Medicine;
Honorary Fellow in the Faculty of Law
in the University of Edinburgh

First published 1998 by Dartmouth and Ashgate Publishing

Reissued 2018 by Routledge

2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN

711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright J.K. Mason 1998

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:

Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Publishers Note

The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original copies may be apparent.

Disclaimer

The publisher has made every effort to trace copyright holders and welcomes correspondence from those they have been unable to contact.

A Library of Congress record exists under LC control number: 97038226

Typeset by Manton Typesetters, 5-7 Eastfield Road, Louth, LN11 7AJ, UK.

ISBN 13: 978-1-138-32523-4 (hbk)

ISBN 13: 978-0-429-45050-1 (ebk)

Contents

Australian cases

Battersby v. Tottman and State of South Australia (1985) 37 SASR 524; 92

Chamberlain v. The Queen (1983) 46 ALR 493; [No 2] (1983) 153 CLR 521 (HC); 382 n.30

Doodeward v. Spence (1908) 6 CLR 406; 177

Elizabeth, Re (1989) 13 Fam LR 47; 78 n.40, n.42

Ellis v. Wallsend District Hospital (1990) 2 Med LR 103; 91 n.105

F, F v. F, Re (1986) Unreported, Supreme Court of Victoria, 2 July; 311

F v. R (1983) 33 SASR 189, SC; 95

Jane, Re (1989) 13 Fam LR 47; 78

K v. Minister for Youth and Community Service and another [1982] 1 NSWLR 311; 53 n.52

L and M, Re (1993) 17 Fam LR 357; 79 n.46

Marion, Re (1992) 17 Fam LR 336; 79 n.45

R. v. Cogley [1989] VR 799; 9, 29 n.52

R. v. Davidson [1969] VR 667; 113

R. v. Harris (1989) 35 A Crim R 146; 9

R. v. Hutty [1953] VR 338; 388

R. v. McGuiness (1989) 35 A Crim R 146; 9

R v. Wald and others (1972) 3 DCR (NSW)25; 113 n.23

Rogers v. Whitaker (1992) 109 ALR 625, [1993] 4 Med LR 79; 91 n.100, 92

Secretary, Department of Health and Community Services (N.T.) v. J.W.B. and S.M.B. (1992) 66 ALJR 300; 78 n.43, n.44

Teenager, Re a (1988) 13 Fam LR 85; 78, 83 n.63

Watt v. Rama [1972] VR 353; 146 n.17, n.18

Canadian cases

Baby R, Re (1989) 53 DLR (4th) 69; 174 n.166

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