This chapter focuses on two pivotal cases regarding gamete donation and genetic profiling of embryos prior to implantation, decided by the European Court of Human Rights: S.H. and Others v. Austria and Costa and Pavan v. Italy. The chapter examines the legal meaning of motherhood these cases promote, the family models they enshrine, and the gendered norms they incorporate. Ultimately, the essay concludes that, although restrictive regulations limiting access to assisted reproductive technologies (ARTs) further stratify motherhood, embedding new privileges and exclusions, legal challenges to such regulations on ARTs may result in a progressive expansion of the borders of legal motherhood.
The Borders of Legal Motherhood: Rethinking Access to Assisted Reproductive Technologies in Europe
Letizia Palumbo
2017-01-01
Abstract
This chapter focuses on two pivotal cases regarding gamete donation and genetic profiling of embryos prior to implantation, decided by the European Court of Human Rights: S.H. and Others v. Austria and Costa and Pavan v. Italy. The chapter examines the legal meaning of motherhood these cases promote, the family models they enshrine, and the gendered norms they incorporate. Ultimately, the essay concludes that, although restrictive regulations limiting access to assisted reproductive technologies (ARTs) further stratify motherhood, embedding new privileges and exclusions, legal challenges to such regulations on ARTs may result in a progressive expansion of the borders of legal motherhood.
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