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Journal of Medical Ethics 2008;34:552-556; doi:10.1136/jme.2007.021303
Copyright © 2008 by the BMJ Publishing Group Ltd & Institute of Medical Ethics.

Ethics

The challenge of "sperm ships": the need for the global regulation of medical technology

1 School of Biomedical Sciences, University of Ulster, Coleraine, Northern Ireland, UK
2 Centre for Professional Ethics, Keele University, Newcastle-Under-Lyme, UK

Correspondence to:
Mr D Hunter, School of Biomedical Sciences, University of Ulster, Cromore Road, Coleraine, Co. Londonderry BT52 1SA, UK; d.hunter3{at}ulster.ac.uk

ABSTRACT

This paper discusses the notion of using international shipping legislation to provide healthcare technologies to inhabitants of a country on a ship in international waters based just outside the country’s border. This allows technologies that would otherwise be unavailable, regulated or banned to the citizens of a particular nation to be available, just offshore. This is because in international waters ships are governed by the laws of their home nation not those they are nearby. We focus on the example suggested recently in the UK of "sperm ships", flying Danish flags to circumvent IVF regulation in the UK. While we acknowledge that this general strategy could be used to do good by providing healthcare where it would not be otherwise available, it also provides a significant challenge to the effective sovereignty of the state and its ability to regulate healthcare technologies for the benefit of its citizens. We discuss this challenge to the regulation of healthcare and suggest a few tentative solutions.


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