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The Journal of Contemporary Legal Issues

Reuven Brandt

Abstract

Dov Fox’s Birth Rights and Wrongs offers a largely compelling argument for expanding the scope of legal actions and remedies available to those whose reproductive choices are wrongfully frustrated by the actions of others. The dominant focus of the book is individuals who, due to the negligence and/‌or malice of medical professionals, suffer harms arising from reproduction imposed, denied, or confounded. A serious examination of these kinds of injuries is certainly appropriate given that medical professionals are increasingly involved in individuals’ reproductive plans and that serious harms may arise when desired medical interventions are improperly implemented. I will not take issue with the general framework developed by Fox for addressing these kinds of harms. My focus here will be to show that Fox’s arguments have consequences for two kinds of cases that lie beyond the scope of those he explicitly acknowledges. The first is instances of reproductive wrongs that occur outside the confines of the patient/‌medical practitioner relationship. The second is claims made by children for harms suffered in virtue of being denied contact with their biological parents and/‌or access to identifying information about their biological parents.

Volume

23

Issue

1

Start Page

49

Faculty Editor

Larry Alexander

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