Mitochondrial Donations and the Right to Know and Trace One’s Genetic Origins: an Ethical and Legal Challenge

De Campos, Thana C.; Milo, Caterina

Abstract

In 2015, the UK was the first country to legalize the mitochondrial donation and replacement procedure, which allows three-parent in vitro fertilization, and results in three-parent embryos. In March 2017, the UK Human Fertilisation and Embryology Authority issued its first licence for the mitochondrial donation and replacement procedure to the Newcastle Fertility Centre under the Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015/572. This article focuses on one fundamental ethical and a legal challenge that this legislation overlooks: the right of the conceived children to know and trace their genetic origins. The article argues that this is a natural and basic human right, which is guaranteed by legal documents in the UK and internationally, and is also morally justified. The Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015/572 discriminate against three-parent persons by negating their right to know and trace their genetic origins. The article concludes with a justification for the specific amendment of the regulations so as to remedy the said unjust discrimination and violation of the natural and basic right to know and trace one’s genetic origins.

Citation

De Campos, T. C., & Milo, C. (2018). Mitochondrial Donations and the Right to Know and Trace One’s Genetic Origins: an Ethical and Legal Challenge. International Journal of Law, Policy and the Family, 32(2), 170–183. https://doi.org/10.1093/lawfam/eby004

• Journal Article Type: Article
• Acceptance Date: Nov 6, 2017
• Online Publication Date: Apr 5, 2018
• Publication Date: 2018-08
• Deposit Date: Nov 6, 2017
• Publicly Available Date: Apr 5, 2020
• Journal: International Journal of Law, Policy and the Family
• Print ISSN: 1360-9939
• Electronic ISSN: 1464-3707
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 32
• Issue: 2
• Pages: 170–183
• DOI: https://doi.org/10.1093/lawfam/eby004
• Public URL: https://durham-repository.worktribe.com/output/1340951