Abstract:
This article provides a critical analysis of the current Australian regulatory
landscape at the interface between genetics and reproductive decision-
making. The authors argue that a comparative analysis with other countries
and international law and a contextual examination of the way law regulates
concepts such as disease and health, abnormality and normality is necessary
before we can develop appropriate policy and legislative responses in this
area. Specific genetic testing technologies are considered including prenatal
genetic testing, preimplantation genetic diagnosis and inheritable genetic
modification. An increasing number of members of the Australian community
are using genetic testing technologies when they decide to have a baby. The
authors argue that as concepts of disease and health vary among members
of the community and the potential to test for traits other than illness
increases, a new tension arises between an ethic of individual choice and a
role for government in regulating reproductive decision-making.
