Chicago Journal of International Law


This Development will focus on the role that the EU can and should play in administering the reproductive technology needs of its Member States. First, this Development will delve into the specific problems that have arisen from lack of central regulation. The discussion will then turn to current EU regulation practices of donated cell material and how these initiatives are insufficient to confront the public health problems produced by reproductive tourism. Finally, the argument concludes by discussing how the EU can administer cell donations more effectively and in a manner that is more consistent with its other bioethical practices without infringing on the ethical concerns of the individual Member States. Overall, this Development will show that, although individual policymaking has historically been left to the discretion of the Member States, the unique challenges of ensuring public health norms for all Europeans require more integrated harmonization of scientific practices in individual countries. However, this harmonization does not necessarily need to offend Member States' ethics because countries would still decide whether or not to offer cell donation as a reproductive option. Rather, instead of ignoring reproductive tourism, a Directive from the EU would acknowledge that a market has developed for cell donation. By regulating this market, the EU would instill greater confidence in patient safety.