Coming into Being: Law, Ethics, and the Practice of Prenatal Genetic Screening
![handle is hein.journals/hastlj45 and id is 1469 raw text is: Article
Coming into Being: Law, Ethics, and the
Practice of Prenatal Genetic Screening
by
MICHAEL J. MALINOWSKI*
Table of Contents
Introduction .................................................... 1436
I. The Technology to Know ............................... 1438
A. The Human Genome Project ....................... 1441
B. The Practice of Prenatal Genetic Counseling ....... 1445
C. Our Failure to Question ............................ 1451
II. Law, Ethics, and Legal Storytelling ..................... 1454
A. A Counselor's Story ................................ 1458
B. A Researcher's Story ............................... 1469
* Associate, Boston office of Kirkpatrick & Lockhart. J.D., Yale Law School, 1991;
B.A. summa cum laude, Tufts University, 1987.
Although many people have contributed to this Article, I am especially grateful to
Sandra Peacock, M.S., and Dr. Mark Hughes of the Prenatal Genetics Center of the Baylor
College of Medicine, which is affiliated with the Institute of Molecular Genetics in Hous-
ton, Texas, for providing me with numerous research leads and contacts. Sandra's generos-
ity and patience greatly improved my efforts to understand and explain, and my hope is
that this Article will make some contribution to her work, which is contributing so much to
others. I hold the same level of appreciation for those who made substantial contributions
to this Article but, due to professional and/or personal concerns, wished to remain
anonymous.
I would also like to thank Patricia Kuszler, M.D., J.D., Philip Reilly, M.D., J.D.,
Eamonn Rogers, M.D., and Professor Mark Rothstein, Director of the Health Law and
Policy Institute at the University of Houston, for providing insight and valuable research
assistance; Dorothy Wertz, Ph.D., for catching a number of my errors; April Cook, a re-
searcher working on the Human Genome Project, for taking the time to explain; Professor
Jay Katz of Yale Law School, a true inspiration; Marc Rubinstein and the Editorial Staff at
the Hastings Law Journal for their efforts in shepherding this piece into published form;
and my students at the University of Houston during the spring of 1993 for all that they
taught me. Finally, I would like to acknowledge Marianne Ryan, Gwen J. Samora, and
Julie E. Sternberg for sharing their time, ideas, and patience, and W. Shaw McDermott for
his helpful suggestions.
[1435]](ViewImageLocal?handle=hein.journals/hastlj45&div=58&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Coming into Being: Law, Ethics, and the Practice of Prenatal Genetic Screening
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most