Rao on Regulating Assisted Reproductive Technology

Radhika Rao has published an article called Equal Liberty: Assisted Reproductive Technology and Reproductive Equality, 76 Geo. Wash. L. Rev. 1457 (2008) (symposium issue). Radhika argues that the courts should not recognize a right to assisted reproductive technology (ART) on the basis of autonomy, but rather on the basis of equality. Thus, for example, "a law that permits ARTs to be used by married persons but not single persons, or by heterosexuals but not homosexuals, should be deemed unconstitutional. However, a law that simply distinguishes between different categories of ARTs probably should be judged constitutional." Radhika opposes recognizing an autonomy-based right to use of ARTs because "the principle of reproductive liberty has no logical stopping point; it confers constitutional production upon almost every technology that is necessary to procreation."