In this article, Madeleine Whelan examines and explains the law governing the use of assisted reproductive technology to create children in England & Wales contained within the Human Fertilisation and Embryology Act 1990. The article looks at this law within the context of “saviour siblings”, that is, a child born to provide an organ or cell transplant to a sibling who is affected by a (usually) life-threatening disease. Madeleine explores whether the existing law of children’s welfare, particularly the paramountcy principle, is appropriate for the law governing the creation (rather than continued existence) of children and how it fits in to the broader context of English law concerning the creation of children.
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