ABSTRACT
This chapter discusses the implications of a constitutionally protected right to procreate using a wide range of reproductive choices made possible by non coital reproductive technologies, including embryo freezing and donation and surrogate gestation. After establishing the constitutional basis for a positive right to procreate, it discusses the extent to which concerns about the welfare of embryos, offspring, donors, and surrogates justifies limitation on reproductive choice involving these technologies. In that case embryos have a special legal and moral status, not in and of themselves by virtue of their present characteristics, but because of what they may become. Let people briefly explore these issues with egg and embryo donation and surrogate gestation. It is now possible for women to donate eggs for implantation in other women, and thus have genetic offspring without gestating themselves. Careful attention to the precedents, values, and interests that support protecting coital conception should lead to similar protection for noncoital reproduction.
