Don't forget the legal framework: The public provision of non-invasive prenatal testing in England and Wales

Authors: Wale, J.

Editors: Case, P.

http://eprints.bournemouth.ac.uk/23367/

http://mli.sagepub.com/content/early/2016/04/27/0968533216646154?papetoc

Journal: Medical Law International

Volume: Online First

Pages: 1-13

Publisher: SAGE Publications (UK and US)

ISSN: 0968-5332

DOI: 10.1177/0968533216646154

If the central purpose of non-invasive prenatal testing (NIPT) is to deliver improved reproductive autonomy - by facilitating enhanced choice between the continuation and termination of pregnancy - any public funded regime ought to be compatible with the legal grounds for decision-making in this context. It is problematic for a State to facilitate access to information that would or is likely to result in legal dilemmas and conceptual issues for those using these tests. Public funded testing should not be available for purposes that would be or are likely to be ‘incompatible’ with any framework for lawful abortion. In England and Wales, those incompatible purposes currently include the identification of: (1) gender in the absence of other genetic factors, and (2) specific abnormality that is unlikely to yield serious disability at birth. Consequently, expansion of the NIPT regime to include these purposes should entail changes in the abortion legal framework.

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Authors: Wale, J.I.

http://eprints.bournemouth.ac.uk/23367/

Journal: Medical Law International

Volume: 15

Issue: 4

Pages: 203-215

eISSN: 2047-9441

ISSN: 0968-5332

DOI: 10.1177/0968533216646154

© The Author(s) 2016. If the central purpose of non-invasive prenatal testing (NIPT) is to deliver improved reproductive autonomy - by facilitating enhanced choice between the continuation and termination of pregnancy - any public-funded regime ought to be compatible with the legal grounds for decision-making in this context. It is problematic for a State to facilitate access to information that would or is likely to result in legal dilemmas and conceptual issues for those using these tests. Public-funded testing should not be available for purposes that would be or are likely to be 'incompatible' with any framework for lawful abortion. In England and Wales, those incompatible purposes currently include the identification of (1) gender in the absence of other genetic factors and (2) specific abnormality that is unlikely to yield serious disability at birth. Consequently, expansion of the NIPT regime to include these purposes should entail changes in the legal framework for abortion.

The data on this page was last updated at 05:16 on February 19, 2020.