ABSTRACT

The chapter presents the major concerns associated with the impregnation of an HIV positive woman. It examines the legal provisions relating to access to reproductive technology in the United Kingdom and Australia and the debates surrounding their implementation. The chapter first establishes why reproductive technology, and access to infertility treatment in particular, is an area in which the legal regulation of women takes place. It highlights how the social stereotypes described in the impact directly on women's access to infertility treatment in the United Kingdom and Australia. The growing technological separation of reproduction and sex, and the reshaping of moral questions associated with reproduction as new ethical dilemmas. Old moral prejudices about appropriate gendered behaviour and HIV are masqueraded as 'new ethical issues' in reproductive technology. This becomes apparent when the law on access to fertility treatment is tested, as highlighted in the case study from the United Kingdom presented in the chapter.