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Chapters in this book
- Frontmatter i
- Contents v
- Introduction 1
-
Part One: Background to the Reference re: Assisted Human Reproduction Act and Constitutional Law and Federalism Perspectives
- 1. A Historical Introduction to the Supreme Court’s Decision on the Assisted Human Reproduction Act 23
- 2. Licensing and the AHRA Reference 34
- 3. The Federalism Implications of the Assisted Human Reproduction Act Reference 44
- 4. Federal and Provincial Jurisdictions with Respect to Health: Struggles amid Symbiosis 63
-
Part Two: Family Law and Children’s Rights Perspectives
- 5. Determining Parentage in Cases Involving Assisted Reproduction: An Urgent Need for Provincial Legislative Action 91
- 6. The Right to Know One’s Origins, the AHRA Reference, and Pratten v AGBC: A Call for Provincial Legislative Action 124
- 7. A Number but No Name: Is There a Constitutional Right to Know One’s Sperm Donor in Canadian Law? 145
- 8. The Priority of the Health and Well-Being of Offspring: The Challenge of Canadian Provincial and Territorial Adoption Disclosure Law to Anonymity in Gamete and Embryo Provision (“Donor” Conception) 178
- 9. A Time for Change? The Divergent Approaches of Canada and New Zealand to Donor Conception and Donor Identification 206
- 10. What Adoption Law Suggests about Donor Anonymity Policies: A UK Perspective 232
-
Part Three: Commodification and Commercialization of Assisted Human Reproduction, Access and Funding of AHR, and the Role of Law
- 11. Assisted Reproductive Technology Use among Neighbours: Commercialization Concerns in Canada and the United States, in the Global Context 253
- 12. Fruitful Diversity: Revisiting the Enforceability of Gestational Carriage Contracts 274
- 13. Listening to LGBTQ People on Assisted Human Reproduction: Access to Reproductive Material, Services, and Facilities 325
- 14. Regulatory Failure: The Case of the Private-for-Profit IVF Sector 359
- 15. Great Expectations: Access to Assisted Reproductive Services and Reproductive Rights 389
- 16. The Commodification of Gametes: Why Prohibiting Untrammelled Commercialization Matters 415
-
Appendix: Expert Reports
- Appendix 1: Quebec: A Pioneer in the Regulation of AHR and Research in Canada [Expert Opinion for the Government of Quebec] 463
- Appendix 2: The Regulation of Assisted Human Reproductive Technologies and Related Research: A Public Health, Safety and Morality Argument [Expert Opinion for the Federal Government] 490
- Appendix 3: Response to the Second Opinion of Françoise Baylis 529
- Contributors 535
- Index 539
Chapters in this book
- Frontmatter i
- Contents v
- Introduction 1
-
Part One: Background to the Reference re: Assisted Human Reproduction Act and Constitutional Law and Federalism Perspectives
- 1. A Historical Introduction to the Supreme Court’s Decision on the Assisted Human Reproduction Act 23
- 2. Licensing and the AHRA Reference 34
- 3. The Federalism Implications of the Assisted Human Reproduction Act Reference 44
- 4. Federal and Provincial Jurisdictions with Respect to Health: Struggles amid Symbiosis 63
-
Part Two: Family Law and Children’s Rights Perspectives
- 5. Determining Parentage in Cases Involving Assisted Reproduction: An Urgent Need for Provincial Legislative Action 91
- 6. The Right to Know One’s Origins, the AHRA Reference, and Pratten v AGBC: A Call for Provincial Legislative Action 124
- 7. A Number but No Name: Is There a Constitutional Right to Know One’s Sperm Donor in Canadian Law? 145
- 8. The Priority of the Health and Well-Being of Offspring: The Challenge of Canadian Provincial and Territorial Adoption Disclosure Law to Anonymity in Gamete and Embryo Provision (“Donor” Conception) 178
- 9. A Time for Change? The Divergent Approaches of Canada and New Zealand to Donor Conception and Donor Identification 206
- 10. What Adoption Law Suggests about Donor Anonymity Policies: A UK Perspective 232
-
Part Three: Commodification and Commercialization of Assisted Human Reproduction, Access and Funding of AHR, and the Role of Law
- 11. Assisted Reproductive Technology Use among Neighbours: Commercialization Concerns in Canada and the United States, in the Global Context 253
- 12. Fruitful Diversity: Revisiting the Enforceability of Gestational Carriage Contracts 274
- 13. Listening to LGBTQ People on Assisted Human Reproduction: Access to Reproductive Material, Services, and Facilities 325
- 14. Regulatory Failure: The Case of the Private-for-Profit IVF Sector 359
- 15. Great Expectations: Access to Assisted Reproductive Services and Reproductive Rights 389
- 16. The Commodification of Gametes: Why Prohibiting Untrammelled Commercialization Matters 415
-
Appendix: Expert Reports
- Appendix 1: Quebec: A Pioneer in the Regulation of AHR and Research in Canada [Expert Opinion for the Government of Quebec] 463
- Appendix 2: The Regulation of Assisted Human Reproductive Technologies and Related Research: A Public Health, Safety and Morality Argument [Expert Opinion for the Federal Government] 490
- Appendix 3: Response to the Second Opinion of Françoise Baylis 529
- Contributors 535
- Index 539