Abstract
This study examines the policymaking process in three countries, namely the United States, Germany, and France, in the area of reproductive and genetic technologies, such as invitro fertilization and surrogate motherhood. The study explains how lawmakers in each country had to grapple with whether and how to regulate medically assisted reproduction after the 1988 “Baby M” court case propelled surrogate motherhood and related reproductive technologies onto the public policy stage. The study compares the public policy approaches of France and Germany with that of the United States where the court case that garnered international attention took place. To this end, the study provides an in-depth examination of the legal and historical contexts of each country’s public policy approaches in the areas of existing family, marriage, and adoption laws as well as policies regulating human reproduction. The study shows how lawmakers’ task became even more pressing once citizens began using the court system and traveled abroad to gain access to these technologies. In the process, Germany developed one of the most restrictive laws while France developed some proscriptions that remain more far reaching than the United States’ regulatory system. In addition, the developing policy area witnessed the creation of international frameworks governing medically assisted reproduction as well as national bioethics advisory boards that still function to date.
Presenters
Sandra ReinekeAssociate Professor of Political Science and Director of the University Honors Program, Department of Politics and Philosophy, University of Idaho, Idaho, United States
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
Public Health Policies and Practices
KEYWORDS
Comparative Public Policy, Assisted Reproductive Technologies, Surrogate Motherhood, Citizenship Rights
