Download This PaperThe Theory of Genetic Dimensions in the Law, Polygenic Risk Scores, and Reproductive Decision-Making
38.3 Harv. J. L. & Tech. (forthcoming 2025)
27 Pages Posted: 20 Nov 2024 Last revised: 20 Nov 2024
Date Written: March 22, 2024
Abstract
Genetics fits uneasily into the law. As judges, lawyers, and lawmakers endeavor to squeeze genetic phenomena into existing legal categories, they inevitably neglect important interests that individuals, families, and society have in the disposition of questions implicating genetics. This is particularly true in reproductive contexts, which are often the focal point of societal, political, and legal conflict. In this essay, we focus on one such area: the growing use of genetic testing coupled with polygenic risk scores ("PRSs") in reproductive decision-making. In prior work, we proposed a conceptual framework for legally recognizing interests stemming from the multiple dimensions of genetic objects: A Theory of Genetic Dimensions in the Law ("ToGi," for short). We use ToGi as a framework for identifying the myriad genetic interests that should be taken into account by policymakers and judges when they decide matters involving genetic testing and PRSs in reproductive settings. We examine the available legal mechanisms for recognizing, addressing, and redressing these interests and suggest ways in which current legal frameworks fall short in accommodating the wider range of genetic interests that we have identified. Our goal is to assist policymakers in navigating the legal terrain as this technology, and other technologies like it, continue to develop and applications expand.
Keywords: Genetics, Theory of Genetic Dimensions, polygenic risk scores, PRS, reproduction, IVF, assisted reproductive technology, ART, embryo selection, genetic interests, wrongful birth, wrongful life, preimplantation genetic diagnosis, polygenic, preimplantation genetic testing, PGT, in-vitro fertilization, PGT-P, GWAS, fertility, embryo transfer, reproductive negligence, sperm, egg donation, surrogacy, , legal causation, reproductive health, schizophrenia, genetic object, physical-chemical dimension, informational dimension, functional dimension, taxonomic dimension, Group-identity-conferring dimension, Individual-identity-conferring dimension, Reproductive dimension, ToGi, ToGi Framework
Suggested Citation: Suggested Citation
Yaniv Heled (Contact Author)
Georgia State University College of Law ( email )
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Atlanta, GA 30303
United States
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