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Medicine and Health Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

Health Law and Policy

2022

William & Mary Law School

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Full-Text Articles in Medicine and Health Sciences

Preimplantation Genetic Testing: A Fundamental Right, Julianna S. Swann May 2022

Preimplantation Genetic Testing: A Fundamental Right, Julianna S. Swann

William & Mary Journal of Race, Gender, and Social Justice

Unlike many European countries of similar economic, social, scientific, and political advancement, there is virtually no regulation of preimplantation genetic testing in the United States. This Note will explore preimplantation genetic testing and demonstrate that potential parents in the United States have a right to conduct said testing under the umbrella of the fundamental right to privacy. This Note will demonstrate the need for the regulation for preimplantation genetic testing that will comply with the Undue Burden Test set out in Planned Parenthood v. Casey, while acknowledging and supporting the fundamental right of potential parents to conduct testing. This …