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date: 22 June 2021

Abstract and Keywords

Profound shifts in the legal and ethical understanding of what constitutes a family have occurred alongside significant technological advances in reproduction. The rise of assisted reproduction has brought about a brave new postcoital world, but rather than dismantling existing hierarchies of reproduction, evidenced by state-sanctioned sterilization policies, childbearing caps on public benefits, or harmful judgments of parental unfitness, those hierarchies are reintroduced into the world of assisted reproduction. Thus, while technology allows for procreative pluralism, the law is slower to embrace procreative differences. Legal barriers to procreation include disparities in health insurance coverage and legally unchallenged discrimination against single persons, same-sex couples, or people with disabilities who seek assisted reproductive services. As noncoital reproduction is both a constitutional and a human right, it is unjust to deny this right on the basis of nonrelevant categories such as sex or sexual orientation.

Keywords: assisted reproduction, discrimination, disability, same-sex couples, sexual orientation, sterilization, procreative pluralism, reproductive justice, reproductive rights, noncoital reproduction

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