Abstract

This note will discuss global approaches to pre-implantation genetic testing (“PGT”). PGT is a process typically performed on human embryos before implantation through an in-vitro fertilization (“IVF”) procedure. This comparative analysis will detail policy approaches of different countries and international organizations to this type of genetic testing, specifically the United States, the European Union and Council of Europe, and India. These three actors were chosen for analysis as they each regulate PGT differently, some more extensively than others. The United States has the most permissive approach with no federal regulation, whereas India has legislation explicitly regulating the use of PGT. Comparatively, the European Union and Council of Europe operates somewhere in the middle of these two approaches. Each approach has its own individual merits, and the best approach concerning the regulation of PGT will likely be some combination of the three. Further, the disadvantages of these three approaches will highlight the main concerns about regulating PGT properly. Countries allow PGT for many reasons, including medical purposes (such as detecting inheritable diseases) and non-medical purposes (such as gender selection based on the parents’ personal preferences). Many countries ban the use of PGT for non-medical purposes, as sex selection of children may reinforce gender inequality. There are also concerns of genetic testing for curable inheritable diseases giving rise to eugenicist ideals. The structure of the note will begin with background information on PGT (Section II). Second, the note will review several countries’ approaches to genetic testing (Sections III.A-C), and the policies behind their approaches will be discussed. Third, the note will highlight any negative policy implications on less restrictive regulations, such as gender inequality (Section IV.A), eugenics (Section IV.B), and “reproductive tourism” (Section IV.C). Finally, the note will conclude with the most favorable approach for the United States in light of the policy considerations and federalism principles previously discussed. (Section V).

Keywords: PTG, pre-implantation genetic testing, genetic testing, embryos, implantation, in-vitro fertilization, IVF, policy, european union, council of europe, medical purpose, inheritable diseases, gender selection, persona preferences, sex selection, eugenics, eugenicist ideals, gender inequality, reproductive tourism, federalism