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NancyLebovitz comments on Thoughts on minimizing designer baby drama - Less Wrong
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It's easy to write the laws, but it may be hard to enforce them.
It isn't easy to identify people who are just modified to be in the upper end of normal human capacities.
People normally have parents. It's easy to say when the genes of the parents don't correspond to the genes of a child.
Apart from that I think you underrate the ease of doing genetic engineering without leaving traces. Especially with a decade between the moment of birth and the moment that someone analyses the DNA for traces of manipulation.