Regulation of Preimplantation Genetic Diagnosis
US federal law does not regulate PGD. At this time fertility specialists and the general public are divided over the issue of whether or not selecting and embryo's genetic make up is acceptable. The US laissez-faire approach to reproductive issues has resulted in the absence of federal statutory authority for the regulation of PGD. The dearth of the federal public policy guidance in reproductive matters extends to the lack of professional PGD self-regulation. There are no offically sanctions national regulations.
Under the auspices of the FDA precedents for the regulation of biologics exist. The FDA would be able to claim jurisdiction over PGD procedures, but the oversight is impractical because the FDA does not regulate fertility procedures or oversee the operation of fertility clinics.
In order to regulate PGD procedures its focus would have to be at the state level. The proposed statute would have to be constructed in such a way to avoid being critisized by negative precedents. The focus would have to be on the states regulation of both the health profession and the biological existance of its citizens. It would have to demonstrate it power to preserve human life. The state claims that PGD should only be offered as an option to prevent inheritance of genetically fatal diseases, and not for the reason of selecting a child based on the parents wishes.
Under the auspices of the FDA precedents for the regulation of biologics exist. The FDA would be able to claim jurisdiction over PGD procedures, but the oversight is impractical because the FDA does not regulate fertility procedures or oversee the operation of fertility clinics.
In order to regulate PGD procedures its focus would have to be at the state level. The proposed statute would have to be constructed in such a way to avoid being critisized by negative precedents. The focus would have to be on the states regulation of both the health profession and the biological existance of its citizens. It would have to demonstrate it power to preserve human life. The state claims that PGD should only be offered as an option to prevent inheritance of genetically fatal diseases, and not for the reason of selecting a child based on the parents wishes.