An exploration of the legal and socio-ethical implications of predictive genetic testing of children

This article expiores tile current position in reiation to predictive genetic testing of children, hig'filighting some of the iegai and socio-ethicai issues and compiexities that such testing presents. It evatuates the existing regulatory framework for predictive genetIc testing of children in Australia, including the possibie roie of the Family Court in protecting children from inappropriate testing, and suggests that introducing a more interventionist approach wouid create its own difficuities. The article also considers a particular issue arising in the context of predictive genetic testing of children which theALRCIAHEC Inquiry canvassed concerning disclosure obligations to insurers. The articie argues that creating an exception to established principles of disclosure would mitigate Ihe impact of predictive genetic testing of children and would be consistent with international instruments which seek to protect against unfair genetic discrimination.