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10 Health L. Rev. 3 (2001-2002)

handle is hein.journals/hthlr10 and id is 1 raw text is: 


































































Presentation to the Standing

Committee On Health'

My presentation today is in two parts. First, I will outline
features of the draft legislation that, in my view, are to be


commended. Second, I will identify aspects of the draft
legislation that need to be corrected. My comments in the
latter category are illustrative, not comprehensive.


Features of the Draft Legislation to

be  Retained

At the outset, it is important to highlight aspects of the
proposed legislation that are to be applauded. Too often, in
our eagerness to provide a critical commentary on a draft
proposal, we neglect to mention that which is positive and
should be retained. The risk in so doing is that positive
features of the original proposal may subsequently be
revised for the worse - at least that has been my limited
experience in the realm of policy-making. And so, learning
from my past mistakes, I am particularly mindful of the need
to first tell you what I like about the draft legislation. My
strong recommendation is that these features of the proposal
not be amended.


The  Preamble

The preamble to the draft legislation is exceptionally good.
It names a  number of important considerations and
entrenches core values in the legislation. This will
undoubtedly assist law-makers in interpreting and
implementing the legislation, and developing coherent
regulations. Particularly noteworthy are: (1) recognition of
the need to attend to the best interests of children born of
Assisted Reproductive  Technologies (ART s); (2)
recognition of the disproportionate impact of ARTs on
women; (3) the commitment to respect autonomy and, in
particular, to promote free and informed consent; and (4)
awareness of the problems of commercialization and
commodification.


Volume  10 Number  1


       Brickbats and Bouquets for the



Draft Legislation on Assisted Human



                               Reproduction



                                    Frangoise Baylis


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