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[Regulation of reproductive medicine in North America or the Wild West of Medicine (Part I)].

The objective of this work is to offer a general introduction of the legal regulation of the Reproductive Medicine that is practiced in the United States of America. In the United States, besides the Federal Administration, there are also fifty state juridical instances who have competence in Assisted Reproduction subjects. The first section studies the limits of the Right to Reproduction. The American Constitution, interpreted by the Supreme Court, has been useful to establish the limits. Then, will be analyzed the reasons that have been taken by the legislator to adopt a permission with regard to issues appeared by the Medicine of the Fertility. Once studied the general context of the regulation of the Procreation Technology, it is exposed the state legislation and jurisprudence about the matter, and it is also made a review to the most relevant doctrine opinions of the american jurist in relation to Assistance to Reproduction. The cultural and juridical answers that these new clinic methods have used to control, improve or limit the reproduction capacity of human beings are almost as interesting as the Reproductive Technology. Contrary to what happens in Europe, where the legislator has firmly establish the regulation of the Reproductive Medicine since the late 80's, in North-America the lack of regulation has caused a free market where all kind of treatments of fertility are offered, just up to the point that an American author has called the sector "wild west of the Medicine".

Human Rights↗

The right to parenthood: an argument for a narrow interpretation.

The paper argues for two kinds of limitations on the right of parenthood. First, it claims that the right to parenthood does not entail a right to have as many children as one desires. This conclusion follows from the standard justifications for the right to parenthood, none of which establishes the need to grant special protection to having as many children as one desires. Second, with respect to the right to receive assistance from the state in IVF, it is suggested that the state should also be allowed to take non-medical considerations into account in determining whether or not an applicant is entitled to this service, particularly in cases where the applicant seems to lack mothering ability.

Child↗

Lesbian experiences and needs during childbirth: guidance for health care providers.

OBJECTIVE: To provide an overview of the literature regarding lesbian experiences of childbirth and to offer health care providers guidance in supporting the childbearing lesbian couple. DATA SOURCES: A search of the literature from 1980 through 2004 was conducted using PsycINFO, Ovid, PubMed, Ebscohost, and Cinahl, and the key words, lesbian, childbirth, parenting health care providers, pregnancy, artificial insemination, parental rights. DATA EXTRACTION: A critical review of all articles from relevant journals was included with attention to the needs of lesbian women concerning childbirth and implications for health care provider care. DATA SYNTHESIS: The four areas of concern identified for lesbians considering parenting were (a) the pros and cons of disclosing sexual orientation to caregivers and finding lesbian-sensitive caregivers, (b) the options available when deciding how to conceive, (c) assurance of the desired level of partner involvement, and (d) the legal considerations for the conception process and for the protection of both parents as well as the child. Methods and strategies to assist health care providers to meet the needs of lesbian clients were gleaned from the literature. CONCLUSION: A growing numbers of lesbian women are becoming consumers of childbirth health care. Health care outcomes of lesbian women and their infants are affected by experiences during pregnancy and childbirth and by the attitudes and actions of health care providers. Evidence exists that health care outcomes for lesbians are improved when health care providers are knowledgeable about and sensitive to the unique needs of lesbian clients.

Attitude of Health Personnel↗

Access to modern contraception.

Access to modern contraception has become a recognized human right, improving the health and well-being of women, families and societies worldwide. However, contraceptive access remains uneven. Irregular contraceptive supply, limited numbers of service delivery points and specific geographic, economic, informational, psychosocial and administrative barriers (including medical barriers) undermine access in many settings. Widening the range of providers enabled to offer contraception can improve contraceptive access, particularly where resources are most scarce. International efforts to remove medical barriers include the World Health Organization's Medical Eligibility Criteria. Based on the best available evidence, these criteria provide guidance for weighing the risks and benefits of contraceptive choice among women with specific clinical conditions. Clinical job aids can also improve access. More research is needed to further elucidate the pathways for expanding contraceptive access. Further progress in removing medical barriers will depend on systems for improving provider education and promoting evidence-based contraceptive service delivery.

Contraception↗

In defense of posthuman dignity.

Positions on the ethics of human enhancement technologies can be (crudely) characterized as ranging from transhumanism to bioconservatism. Transhumanists believe that human enhancement technologies should be made widely available, that individuals should have broad discretion over which of these technologies to apply to themselves, and that parents should normally have the right to choose enhancements for their children-to-be. Bioconservatives (whose ranks include such diverse writers as Leon Kass, Francis Fukuyama, George Annas, Wesley Smith, Jeremy Rifkin, and Bill McKibben) are generally opposed to the use of technology to modify human nature. A central idea in bioconservativism is that human enhancement technologies will undermine our human dignity. To forestall a slide down the slippery slope towards an ultimately debased 'posthuman' state, bioconservatives often argue for broad bans on otherwise promising human enhancements. This paper distinguishes two common fears about the posthuman and argues for the importance of a concept of dignity that is inclusive enough to also apply to many possible posthuman beings. Recognizing the possibility of posthuman dignity undercuts an important objection against human enhancement and removes a distortive double standard from our field of moral vision.

Biomedical Enhancement↗

[Right and ethics in reproductive medicine--medical and ethical aspects].

Legality and ethics in reproductive medicine are interdependent. Whether ethics degenerates into an ethics of convenience and adaptation, or into an ethics that always comes too late, depends on each doctor and researcher. Our medical care requires legal guidelines. There is not only a responsibility for research, but also one for engaging in research. This position is presented in four sections: on reproductive medicine, the moral status of the embryo, the research on spare embryos and in a section on reproductive medicine in Europe.

Ethics, Medical↗