Disability as a limiting factor in accessing assisted reproductive technology: a case study of the United Kingdom, France and Australia

Abstract

While recognized as a fundamental right, for persons with disabilities, the right to parent is frequently obstructed. Despite having the same aspirations for family life, legal, clinical, socioeconomic and sociocultural barriers limit access to assisted reproductive technologies (ARTs). This thesis explores how such barriers undermine the reproductive autonomy of disabled persons enshrined in the Convention on the Rights of Persons with Disabilities (CRPD) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). This thesis compares legal and healthcare frameworks in the UK, France, and Australia, considering also socioeconomic and sociocultural conditions, reaching the conclusion that all three States are falling short of their international human rights obligations. Ultimately, the research reveals that equal need does not translate into equal access, calling for a reframing of reproductive rights to ensure the right to access ARTs to persons with disabilities.