TY - JOUR
T1 - Inherited regulation for advanced ARTs
T2 - Comparing jurisdictions' applications of existing governance regimes to emerging reproductive technologies
AU - Johnson, Walter G.
AU - Bowman, Diana M.
N1 - Publisher Copyright:
© 2022 The Author(s). Published by Oxford University Press on behalf of Duke University School of Law, Harvard Law School, Oxford University Press, and Stanford Law School.
PY - 2022/1/1
Y1 - 2022/1/1
N2 - Over the past 5 years, advanced assisted reproductive technologies (ARTs), such as mitochondrial replacement therapies (MRTs) and heritable human genome editing (HHGE), have raised global policy concerns and fears of 'unregulated' proliferation. Yet, few innovations are ever truly unregulated and more often fall within the scope of one or more pre-existing regulatory regimes, a process referred to as 'inherited regulation'. While the United Kingdom has enacted new legislation to specifically authorize and closely regulate MRTs, many jurisdictions will likely default to current oversight systems to manage advanced ARTs. This article evaluates and compares how several jurisdictions have already used four types of inherited regulatory regimes to manage MRTs and HHGE. Cases are drawn from jurisdictions where inherited regulatory interventions on advanced ARTs have taken place (USA, Greece, Ukraine, China, and Russia) and include jurisdictions closely connected with those cases (Mexico and Spain). When accounting for political, cultural, and religious contexts, many of these inherited regimes offer promise as starting points for governance of advanced ARTs, yet each will require further adjustments and tailoring to adequately manage the benefits and risks of these powerful innovations.
AB - Over the past 5 years, advanced assisted reproductive technologies (ARTs), such as mitochondrial replacement therapies (MRTs) and heritable human genome editing (HHGE), have raised global policy concerns and fears of 'unregulated' proliferation. Yet, few innovations are ever truly unregulated and more often fall within the scope of one or more pre-existing regulatory regimes, a process referred to as 'inherited regulation'. While the United Kingdom has enacted new legislation to specifically authorize and closely regulate MRTs, many jurisdictions will likely default to current oversight systems to manage advanced ARTs. This article evaluates and compares how several jurisdictions have already used four types of inherited regulatory regimes to manage MRTs and HHGE. Cases are drawn from jurisdictions where inherited regulatory interventions on advanced ARTs have taken place (USA, Greece, Ukraine, China, and Russia) and include jurisdictions closely connected with those cases (Mexico and Spain). When accounting for political, cultural, and religious contexts, many of these inherited regimes offer promise as starting points for governance of advanced ARTs, yet each will require further adjustments and tailoring to adequately manage the benefits and risks of these powerful innovations.
KW - Assisted reproductive technologies
KW - emerging technologies
KW - governance
KW - inherited regulation
KW - mitochondrial replacement therapies
UR - http://www.scopus.com/inward/record.url?scp=85124970247&partnerID=8YFLogxK
U2 - 10.1093/jlb/lsab034
DO - 10.1093/jlb/lsab034
M3 - Article
SN - 2053-9711
VL - 9
JO - Journal of Law and the Biosciences
JF - Journal of Law and the Biosciences
IS - 1
M1 - lsab034
ER -