Reproductive Rights and the Law

This book examines reproductive rights and their complex interaction with the law and with society, exploring differing perspectives and placing these in their respective cultural, social and religious contexts.

Kerry O’Halloran explores the socially divisive question of abortion and, using examples from both developing and developed countries, considers how context determines the legal position. He also addresses a plethora of issues surrounding related reproductive rights including maternity care, IVF, adoption and surrogacy, genetic engineering, and establishing the reproductive rights of trans persons. In navigating all of these, O’Halloran reflects on fundamental questions such as where the public and private divide lies in exercising one’s right to autonomy, and how reproductive rights have contributed to the progression of gender parity. The book carefully identifies internationally established legal benchmarks with references to key principles, policies and case law, and explores future developments in reproductive health, such as the rights of men giving birth and pioneering ways of determining foetal sentience.

Reproductive Rights and the Law is an essential guide for scholars and students in health law, family law and legal theory. Its practical insights will also greatly benefit policymakers and practising lawyers, as well as healthcare professionals, social workers and NGOs.