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Surrogacy, Law and Human Rights

Surrogacy, Law and Human Rights PDF Author: Paula Gerber
Publisher: Routledge
ISBN: 1317048210
Category : Medical
Languages : en
Pages : 246

Book Description
Surrogacy presents particularly complex questions for human rights law and theory. This book provides a unique and insightful examination into the underexplored issues of how domestic and international law is responding to the sharp increase in the use of surrogacy. The work presents critical analysis of the current regulation of surrogacy via domestic law in Australia, India and the USA, and international law in the form of the UN Convention on the Rights of the Child. Including a wide range of views from academics and practitioners around the world, the contributors consider what could be done to further protect the rights of all persons involved in surrogacy arrangements. This in-depth study of the international and domestic law governing surrogacy provides much needed scholarly knowledge of this contemporary phenomenon, along with recommendations for improvement, regulation and reform. The book will be of great importance to human rights and legal scholars, and well as practitioners in this field.

Surrogacy, Law and Human Rights

Surrogacy, Law and Human Rights PDF Author: Paula Gerber
Publisher: Routledge
ISBN: 1317048210
Category : Medical
Languages : en
Pages : 246

Book Description
Surrogacy presents particularly complex questions for human rights law and theory. This book provides a unique and insightful examination into the underexplored issues of how domestic and international law is responding to the sharp increase in the use of surrogacy. The work presents critical analysis of the current regulation of surrogacy via domestic law in Australia, India and the USA, and international law in the form of the UN Convention on the Rights of the Child. Including a wide range of views from academics and practitioners around the world, the contributors consider what could be done to further protect the rights of all persons involved in surrogacy arrangements. This in-depth study of the international and domestic law governing surrogacy provides much needed scholarly knowledge of this contemporary phenomenon, along with recommendations for improvement, regulation and reform. The book will be of great importance to human rights and legal scholars, and well as practitioners in this field.

A Critical Approach to Surrogacy

A Critical Approach to Surrogacy PDF Author: Damien W Riggs
Publisher: Routledge
ISBN: 1317301951
Category : Psychology
Languages : en
Pages : 281

Book Description
This comprehensive text makes an important contribution to the study of surrogacy, developing a novel theoretical framework through which to understand the broader social contexts as well as individual decisions at play within surrogacy arrangements. Drawing on empirical research conducted by the authors and supplemented by secondary analyses of media, legislative and public accounts of surrogacy, the book engages with the key stakeholders involved in the practice of surrogacy. Specifically, it canvases the standpoints of women who act as surrogates, intending parents who commission surrogacy arrangements, children born through surrogacy, clinics that facilitate the arrangements, and politicians and journalists who engage with the topic. Through a focus on capitalism as a means of orientating ourselves to the topic of surrogacy, the book highlights the vulnerabilities that potentially arise in the context of surrogacy, as well as the claims to agency invoked by some parties in order to mitigate vulnerability. In so doing, the book demonstrates that the psychology of surrogacy must be broadly understood as an orientation to particular ways of thinking about children, reproduction and economies of labour.

Solid

Solid PDF Author: Kumkum Sangari
Publisher:
ISBN: 9789382381518
Category : Girls
Languages : en
Pages : 0

Book Description
Sex selection and commercial surrogacy are practices pursued in the full glare of exposure, demystification, and critique. The female-child sex ratio continues to decline while commercial surrogacy has become a fledgling (trans)national industry. Both practices produce new subjects and agents of self-directed violence, and can be tied to the inequities of 'growth' without redistribution. Yet sex selection is usually represented as a fixture of tradition and commercial surrogacy is recast as a libertarian story of market empowerment. The book attempts, first, to work through and against the common perceptions, rationales, and imaginaries that underwrite these practices, and to analyse the familial, social and market practices, the state policies, the agential modes and retraditionalizing processes which connect them. Second, it attempts to seize the formative conjunctions in the restructuring of patriarchal familial, state and (trans)national market regimes, and to define the confluences and contradictions between them. The argument revolves around the crystallization of a (trans)national reproductive formation grounded in conception and contraception that can be mapped on the relations between waged and non-waged domestic-procreative labor which converge in accumulation processes in the transition to a neoliberal economy. It considers the implications of post-Fordist redistributions of labor, manufacture and services, as well as of familial constraint and market emancipation. Given the transnational shaping of social reproduction, and of social and postsocial bodies, it asks if patriarchal practices can be defined solely on national or regional lines, and argues that neoliberal capitalism puts both fixities and flexibilities into play. The book shows how the implications of selective procreation extend far beyond the domestic domain, and reformulates the ground of left-feminist critique towards theorizing an 'open contemporaneity' that can still account for systemic structures.

Surrogacy laws - A critical analysis

Surrogacy laws - A critical analysis PDF Author: Priyanka Kumari
Publisher: BlueRose Publishers
ISBN:
Category : Law
Languages : en
Pages : 167

Book Description


Cross-Cultural Comparisons on Surrogacy and Egg Donation

Cross-Cultural Comparisons on Surrogacy and Egg Donation PDF Author: Sayani Mitra
Publisher: Palgrave Macmillan
ISBN: 9783319786698
Category : Social Science
Languages : en
Pages : 0

Book Description
This book is the first to bring together an interdisciplinary collection of essays on surrogacy and egg donation from three socially, legally and culturally distinct countries - India, Israel and Germany. It presents contributions from experts in the field of social and cultural sciences, bioethics, law as well as psychology and provides critical-reflective comparative analysis of the socio-ethical factors shaping surrogacy and egg donation practices across these three countries. This book highlights the importance of a comparative perspective to ‘make sense’ of controversies and transitions in this highly contested area of artificial reproductive technologies. It demonstrates how local developments cannot be isolated from global events and vice versa. Therefore, this volume can be used as a standard reference for anyone seeking to understand surrogacy and egg donation from a macro-perspective in the next decade.

Outsourcing the Womb

Outsourcing the Womb PDF Author: France Winddance Twine
Publisher: Routledge
ISBN: 1317518020
Category : Social Science
Languages : en
Pages : 118

Book Description
Through case studies, Outsourcing the Womb, Second Edition provides a critical analysis and global tour of the international surrogacy landscape in Egypt, India, China, Japan, Israel, Ukraine, the European Union and the United States. By providing a comparative analysis of countries that have very different policies, this book disentangles the complex role that race, religion, class inequality, legal regimes, and global capitalism play in the gestational surrogacy market. This book provides an intersectional frame of analysis in which multiple forms of social inequality and power differences become institutionalized and restrict the access of some individuals and families while privileging others, and concludes with a discussion of "reproductive justice" and "reproductive liberty." It is an ideal addition to courses on social problems, race, gender, and inequality.

Surrogate Motherhood

Surrogate Motherhood PDF Author: Martha A. Field
Publisher: Harvard University Press
ISBN: 0674036832
Category : Law
Languages : en
Pages : 258

Book Description
With an Expanded Appendix on the Current Legal Status of Surrogacy Arrangements A practice known since Biblical times, surrogate motherhood has only recently leaped to prominence as a way of providing babies for childless couples—and leaped to notoriety through the dramatic case of Baby M. Contract surrogacy is officially little more than ten years old, but by 1986 five hundred babies had been born to mothers who gave them up to sperm donor fathers for a fee, and the practice is growing rapidly. Martha Field examines the myriad legal complexities that today enmesh surrogate motherhood, and also looks beyond existing legal rules to ask what society wants from surrogacy. A man’s desire to be a “biological” parent even when his wife is infertile—the father’s wife usually adopts the child—has led to this new kind of family, and modern technology could further extend surrogacy’s appeal by making gestational surrogates available to couples who provide both egg and sperm. But is surrogacy a form of babyselling? Is the practice a private matter covered by contract law, or does adoption law govern? Is it good or bad social and public policy to leave surrogacy unregulated? Should the law allow, encourage, discourage, or prohibit surrogate motherhood? Ultimately the answers will depend on what the American public wants. In the difficult process of sorting out such vexing questions, Martha Field has written a landmark book. Showing that the problem is rather too much applicable law than too little, she discusses contract law and constitutional law, custody and adoption law, and the rights of biological fathers as well as the laws governing sperm donation. Competing values are involved all along the legal and social spectrum. Field suggests that a federal prohibition would be most effective if banning surrogacy is the aim, but federal prohibition might not be chosen for a variety of reasons: a preference for regulating surrogacy instead of driving it underground; a preference for allowing regulation and variation by state; or a respect for the interests of people who want to enter surrogacy arrangements. Since the law can support a wide variety of positions, Field offers one that seems best to reconcile the competing values at stake. Whether or not paid surrogacy is made illegal, she suggests that a surrogate mother retain the option of abiding by or canceling the contract up to the time she freely gives the child to the adopting couple. And if she cancels the contract, she should be entitled to custody without having to prove in court that she would be a better parent than the father.

Surrogate Motherhood

Surrogate Motherhood PDF Author: Lawrence O. Gostin
Publisher: Indiana University Press
ISBN: 9780253115201
Category : Medical
Languages : en
Pages : 396

Book Description
"... glimpses of intriguing changes in social arrangements and cultural understandings in relation to surrogacy. Disturbing motherhood indeed." -- New Scientist "Larry Gostin has put together the definitive collection of essays on one of the most perplexing and titillating topics in contemporary medical ethics. This book includes contributions from some of the leading scholars on the legal, ethical, and social aspects of surrogacy, as well as several critical perspectives on the famous Baby M case -- must reading for understanding the surrogate motherhood controversy." -- Robert M. Veatch "Highly recommended... " -- Choice "... a valuable resource for those concerned with an exceedingly difficult ethical, legal, and political problem."Â -- Ethics "There is a wealth of information here on the current 'status questionis' in the United States, and anyone involved in the surrogacy debate, in the U.S. or otherwise, will find working through this material very worthwhile." -- Canadian Philosophical Review "... an excellent sample of some of the best and most varied thinking so far on the numerous conceptual, moral, social, and policy questions raised by contract motherhood." -- The Journal of Clinical Ethics

Wombs in Labor

Wombs in Labor PDF Author: Amrita Pande
Publisher: Columbia University Press
ISBN: 0231538189
Category : Social Science
Languages : en
Pages : 269

Book Description
Surrogacy is India's new form of outsourcing, as couples from all over the world hire Indian women to bear their children for a fraction of the cost of surrogacy elsewhere with little to no government oversight or regulation. In the first detailed ethnography of India's surrogacy industry, Amrita Pande visits clinics and hostels and speaks with surrogates and their families, clients, doctors, brokers, and hostel matrons in order to shed light on this burgeoning business and the experiences of the laborers within it. From recruitment to training to delivery, Pande's research focuses on how reproduction meets production in surrogacy and how this reflects characteristics of India's larger labor system. Pande's interviews prove surrogates are more than victims of disciplinary power, and she examines the strategies they deploy to retain control over their bodies and reproductive futures. While some women are coerced into the business by their families, others negotiate with clients and their clinics to gain access to technologies and networks otherwise closed to them. As surrogates, the women Pande meets get to know and make the most of advanced medical discoveries. They traverse borders and straddle relationships that test the boundaries of race, class, religion, and nationality. Those who focus on the inherent inequalities of India's surrogacy industry believe the practice should be either banned or strictly regulated. Pande instead advocates for a better understanding of this complex labor market, envisioning an international model of fair-trade surrogacy founded on openness and transparency in all business, medical, and emotional exchanges.

Discounted Life

Discounted Life PDF Author: Sharmila Rudrappa
Publisher: NYU Press
ISBN: 1479825328
Category : Family & Relationships
Languages : en
Pages : 221

Book Description
Sharmila Rudrappa interrogates the creation and maintenance of reproductive labor markets, the function of agencies and surrogacy brokers, and how women become surrogate mothers. Is surrogacy solely a labor contract for which the surrogate mother receives wages, or do its meanings and import exceed the confines of the market? Rudrappa argues that this reproductive industry is organized to control and disempower women workers and yet her interviews reveal that, by and large, the surrogate mothers in Bangalore found the experience life affirming. Rudrappa explores this tension, and the lived realities of many surrogate mothers whose deepening bodily commodification is paradoxically experienced as a revitalizing life development.