Yael Efron (Zefat Academic College – School of Law; Hebrew University – Faculty of Law) & Pnina Lifshitz Aviram have posted Conditional Parentage is The New Eugenics (Child and Family Law Review, 2019) on SSRN. Here is the abstract:
Should states allow people to condition their parentage upon the traits of their prospective child? Is it legitimate for parents to aspire to an improved offspring, or should eugenic practices be restrained? In this paper we demonstrate legally and socially acceptable methods for parental selection. We show this in adoption processes, in abortion regulation and in PGD procedures. Conditioning parentage on the existence of specific traits of the prospective child ('positive' eugenics) and conditioning parentage on the absence of a specific trait of the prospective child ('negative' eugenics) is recognized by legal systems and by public values. We urge in this paper, to acknowledge and accept eugenics as a current reality of parentage, but we also argue for its regulation. The paper highlights four methods of regulation that we recognize in parental selection practices. We evaluate the benefits and challenges of each method but not rate them. Instead, we call for an open discussion on the regulatory processes that are required to protect society and its individuals from abuse of scientific advancements.