Assisted Reproductive Technologies and the Pitfalls of Unregulated Biomedical Innovation

Abstract

This Article suggests that the time has come to reconsider the safety and effectiveness of fertility drugs in order to combat some of the continuing problems arising from the aggressive use of assisted reproductive technologies, especially the hazards associated with multifetal pregnancies. After critically assessing the arguments made by some commentators about the power of malpractice law to curb any abuses by fertility clinics and specialists, the Article concludes that the Food and Drug Administration should consider restricting or withdrawing pharmaceutical products used to induce ovulation. Although such a drastic move would not prevent the continued use of in vitro fertilization and other advanced fertility treatments (over which the agency probably has limited jurisdiction in any event), it would dramatically reduce the frequency of multifetal pregnancies, and it should not run afoul of constitutional protections of procreative liberty.