Doe v. Canada: Lesbian Women, Assisted Conception, and a Relational Approach to Rights

• Main Author: Dughman, Sandra
• Other Authors: Cook, Rebecca
• Language: en
• Published: 2009
• Subjects: Reproductive health; assisted conception; relational theory; autonomy; feminism; equality; 0398
• Online Access: http://hdl.handle.net/1807/18277

This thesis examines Doe v. Canada, a case brought before the Ontario Court of Appeals with the purpose to declare that the definition of “assisted conception” set forth by the respective regulations discriminated against lesbian women. The regulatory framework of assisted conception is embedded with heteronormativity, heterosexism and an over medicalization of reproduction. The traditional liberal conception of rights, embedded in the Court’s decision did not allowed lesbian women to have access to assisted conception free from barriers that other women, seeking insemination with semen donated by their spouse or sexual partner, do not have to endure. However, If we shift our perspective of rights from a liberal view to a relational approach, we will be able consider such decisions from a perspective that takes into account not only the physical health implications of the use of this technology, but also all other social, psychological and contextual relevant factors.