A View from the Cradle: Tort Law and the Private Regulation of Assisted Reproduction

This Article proposes a paradigm shift. It analyzes the viability of tort law to address the private and costly harms resulting from negligent application of ART. These harms include the intentional and negligent conception of children with significant disabilities. This Article articulates the need for a nuanced approach to tort law in the realm of child–parent conflict—an approach that shifts the social and economic burdens of infant and child harms to parents because they are best situated to avoid the risks of harm. This Article addresses a gap in socio-legal scholarship to unpack when, how, and why tort liability should apply to ART cases.

It also anticipates the expanded application of tort theories in traditional intra-familial contexts.