The Regulation of Embryo Testing in Australia: A Principles-based Approach

This book examines the legal and ethical landscape of preimplantation genetic testing (PGT) in Australia, analyzing its current regulatory framework and exploring whether a more effective approach is needed. PGT allows prospective parents using assisted reproductive technology to select embryos based on genetic characteristics, raising complex ethical and legal questions. Should parents be permitted to test for and select against specific disabilities? Should there be limits on choosing certain traits? How should emerging technologies, such as screening for polygenic conditions and non-disease traits, be regulated? To address these challenges, the book proposes a national, principles-based framework for embryo testing regulation. This framework calls for federal legislation and the establishment of a national regulatory body, guided by three key principles. The protective principle ensures that embryo testing prioritizes the welfare and future autonomy of the child. The beneficence principle allows parents to make decisions in the best interest of their future children. The balance principle applies in cases where embryo testing is used to create a ‘saviour sibling’ and requires weighing the welfare of the future child against the needs of an existing sick sibling. Through a doctrinal legal analysis, this book integrates perspectives from bioethics, disability studies, and philosophy to provide a comprehensive, interdisciplinary examination of embryo testing regulation. Accessible yet rigorous, it is an essential resource for legal scholars, policymakers, bioethicists, and anyone interested in the future of reproductive technology governance in Australia.