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Who is permitted to utilize ART? : the possibility of diversity in the shape of families by sexual minority

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Other Title
  • 誰がARTを利用できるか : 性的マイノリティにおける家族の形の多様化の可能性

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Abstract

The legal restrictions on adults who can use ART (Assisted Reproductive Technology) are disputed in many foreign countries. Legal management has been employed to ensure a sexual minority's right to family formation in Europe and America, and the rearing of children among sexual minorities using ART is not unusual. Research on parents' sexuality and children's development has shown that there is no problem in sexual minority child-rearing cases. There is the limitation of judging a minority from the majority's sense of values. On the other hand, in view of the situation of sexual minorities and the legal system in Japan, I consider there are five patterns by which a same sex couple could have a child by ART. I assume that the laws regarding a sexual minority's right to family formation in Europe and America are concerned with (1) religious or cultural problems, (2) problems of children's welfare and their healthy development, and (3) problems with international politics in each country. In Japan, it seems that the viewpoint of sexual minorities will be required in legislation of ART.

Journal

  • Bioethics

    Bioethics 19 (1), 71-78, 2009

    Japan Association for Bioethics

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