Disability, Procreation, and Justice in the United States

Kimberly Mutcherson
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Kimberly Mutcherson: Rutgers Law School, 217 N. 5th Street, Camden, NJ 08102, USA

Laws, 2017, vol. 6, issue 4, 1-15

Abstract: Parenting and procreation have long been contested legal terrain in the United States as exemplified by a history of abuses against marginalized populations including people with disabilities. While some of the most egregious abuses, such as state sponsored sterilization programs, are relics of the past, it remains true that people with disabilities face distinct and at times insurmountable roadblocks to procreation and parenting. This article details ongoing forms of procreative discrimination against people with disabilities, rejects common justifications for that discrimination, and offers proposals for better protecting the rights to procreate and parent for disabled people.

Keywords: disability; procreation; parenting; discrimination (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2017
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