[Regulation of reproductive medicine in North America or the Wild West of Medicine (Part I)].
The objective of this work is to offer a general introduction of the legal regulation of the Reproductive Medicine that is practiced in the United States of America. In the United States, besides the Federal Administration, there are also fifty state juridical instances who have competence in Assisted Reproduction subjects. The first section studies the limits of the Right to Reproduction. The American Constitution, interpreted by the Supreme Court, has been useful to establish the limits. Then, will be analyzed the reasons that have been taken by the legislator to adopt a permission with regard to issues appeared by the Medicine of the Fertility. Once studied the general context of the regulation of the Procreation Technology, it is exposed the state legislation and jurisprudence about the matter, and it is also made a review to the most relevant doctrine opinions of the american jurist in relation to Assistance to Reproduction. The cultural and juridical answers that these new clinic methods have used to control, improve or limit the reproduction capacity of human beings are almost as interesting as the Reproductive Technology. Contrary to what happens in Europe, where the legislator has firmly establish the regulation of the Reproductive Medicine since the late 80's, in North-America the lack of regulation has caused a free market where all kind of treatments of fertility are offered, just up to the point that an American author has called the sector "wild west of the Medicine".
Alkorta Idiakez
Itziar
I
Universidad del País Vasco-EHU, San Sebastián, España.
D006806:Human Rights; D006801:Humans; D007753:Laboratories / Q000331:legislation & jurisprudence; D043762:Reproductive Behavior; D018456:Reproductive Medicine / Q000331:legislation & jurisprudence*; D012099:Reproductive Techniques / Q000331:legislation & jurisprudence; D014481:United States