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Disability, Procreation, and Justice in the United States

Rutgers Law School, 217 N. 5th Street, Camden, NJ 08102, USA
Received: 6 September 2017 / Revised: 8 November 2017 / Accepted: 11 November 2017 / Published: 22 November 2017
(This article belongs to the Special Issue Health Care Law and the Rights of Individuals with Disabilities)
Full-Text   |   PDF [197 KB, uploaded 23 November 2017]


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. View Full-Text
Keywords: disability; procreation; parenting; discrimination disability; procreation; parenting; discrimination
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited (CC BY 4.0).

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Mutcherson, K. Disability, Procreation, and Justice in the United States. Laws 2017, 6, 27.

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