Connecting the real-life patenting of genes to the fictional patenting of the human genome in the TV series Orphan Black, I demonstrate how the neoliberal shift towards privatization is reframing the question of private property, specifically what Donna Dickenson refers to as “property in the body.” While the modern legal subject had ownership over its body, the meeting of eugenic science and intellectual property law today begs the question: to whom does the body and its self-reproducing parts belong? In a departure from the distinction Melinda Cooper draws between the germ and stem cell line, I contend that the 2013 Myriad Genetics Supreme Court Case has created an ideological loophole towards patenting “life itself” and Orphan Black provides an explanatory tool for how the modern legal system is structured by corporate pressures and a mode of legal interpretation that privileges private property rights. My argument unfolds via an examination of Orphan Black’s Leda (female) and Castor (male) clones’ synthetic DNA on three levels: as the object of an intellectual property patent, a mechanism of surplus life and sterility, and a sexually-transmitted virus or bioweapon. By investigating the differences in how the Ledas and Castors are affected by—and affect others through— their synthetic biology, we gain real-world insight into how cultural understandings of gender and sexuality are shaping the development of new scientific technologies and their adjudication in the courtroom. In its entirety, this essay reveals how the larger projects of neoliberalism, capitalism, and advanced scientific technologies are molding the eugenic project as it reemerges as 21st century genetic engineering.
This essay appears in the book Sisterhood, Science, and Surveillance in Orphan Black: Critical Essays edited by Jane Brennan Croft and Alyson R Buckman.