Vera Lúcia Raposo
JBRA Assist. Reprod. 2022; 26 (4):666-674
Received December 09, 2021
Accepted June 29, 2022
Abstract
Traditional public eugenics, which was ordered by the State, has been replaced by a kind of private eugenics conducted by parents using reproductive techniques, genetic testing and, eventually in the future, genetic engineering. While traditional eugenics strived to improve the species, the new model aims to satisfy parents’ reproductive aspirations.
The relation between public and private eugenics is an on-going issue, mostly due to their relation to eugenics. This paper will state that both are eugenics, however, with different characteristics and thus worthy of different legal and ethical assessments. The paper will contextualise private eugenics in the framework of reproductive rights (legal and ethical perspective) and in the development of genetics and reproductive techniques (scientific perspective). Finally, it will analyse some of the legal consequences of a broader acceptance of private eugenics, namely in terms of liability and tort law. Along the paper the different legal solutions in place in Europe will contextualise its considerations.