Sex Selection Technology: A Comparative Legal Study

Doi:https://doi.org/10.37940/JRLS.2020.1.1.12

Abstract

Abstract

This article highlights regulation of sex selection technology under Iraqi law. The modern methods for choosing gender of offspring includes; sperm sorting performed before fertilization, and pre-implantation genetic diagnosis (PGD) after performing in vitro fertilization (IVF) and prior to embryos transferring. Sex selection could be done for various purposes; medical purpose to avoid passing genetic diseases and disorders to offspring, and non-medical purpose to fulfill personal or cultural desire of having a child of a particular sex. In Iraq, there is no direct law addresses uses of assisted reproductive technology (ART) in general and sex selection in particular although this technology has become available and practiced. This paper explores whether the current situation in Iraq would require enacting a special legislation in relation to sex selection technology, and form and extent of the legislation, as well as requirements that should be met for carrying out sex selection. The article examines legislative provisions and principles pertaining fundamental human rights in Iraqi legal system relating to different techniques of sex selection, and regulations of sex selection in some western countries, as well as different arguments for and against sex selection technology, in order to provide a response about approach which should be adopted by Iraqi law in relation to sex selection. It will be argued that there is a need to regulate sex selection technology in Iraq, in order to obtain benefits of this technology and avoid bad practices of it. law should permit performing sex selection in certain circumstances.