JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2014, Vol. 27 ›› Issue (6): 40-49.DOI: 10.13766/j.bhsk.1008-2204.2013.0591

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Perspectives on Legal Issues Caused by Genetic Testing: Sorting and Looking into Future

Tian Ye   

  1. School of Liberal Art and Law, Tianjin University, Tianjin 300072, China
  • Received:2013-12-24 Online:2014-11-25 Published:2014-11-21

Abstract:

Genetic testing technology not only brings mankind health and wellbeing but challenges as well. A series of legal issues has derived among which the balance between use of technology and protection of mankind dignity is the key in the dispute. The legality of designing a baby by the Pre-implantation Genetic Diagnosis (PGD) is questioned seriously. Personality should be protected, and the genetic testing can be conducted only with the prior informed consent as prerequisite. Gene donors should be entitled to the profits brought by the use of gene data. The thriving business of directed-to-consumer (DTC) genetic testing should be regulated strictly to protect consumers. Claims for damage caused by genetic testing happen in great number. A set of clear rule is to be explored to judge the torts and decide the scope of compensation for victims in lawsuits.

Key words: genetic testing, Pre-implantation Genetic Diagnosis, personality right of genes, profit sharing, DTC genetic testing, prenatal diagnosis negligence lawsuits

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