Fertility Clinic Licensing as Contractual Delegation

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Dadiya, Jinal. 2023. Fertility Clinic Licensing as Contractual Delegation. In: Anuja S, ed. Trends in Reproductive Sociology. Routledge. [Book Section] (Forthcoming)

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Abstract or Description

This chapter reimagines fertility clinic licensing as contractual delegation through which states pass on their reproductive health obligations and policy priorities to private healthcare service providers. This includes responsibilities of ensuring equitable access, affordability, quality, as well as the welfare of prospective parents, donors, and children born with procreative assistance. I argue that licensing more closely resembles contracting, resulting in a mutual flow of obligations and consideration, than it does command and control regulation. To do this, I draw on regulatory models from United Kingdom, Ontario, India, and Singapore, to show that creative licensing practices have been, and can be, used by regulators to delegate the fulfilment of their own reproductive health obligations, as well as to monitor their enforcement. The potential of licensing's contractual architecture both justifies its use in regulating priority activities, such as the provision of reproductive health, as well as provides a useful lens for its evaluation.

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