Author: Harleen Kaur Publisher: Springer Nature ISBN: 9811643490 Category : Law Languages : en Pages : 251
Book Description
This book is an essential guide on surrogacy, discussing various legal issues that arise in surrogacy cases. It provides a comprehensive coverage to various issues pertaining to surrogacy arrangements due to failure to meet the needs of those involved in surrogacy, be it the intended parents or the surrogate mother, with special emphasis on the most vulnerable party -- the surrogate child. In the wake of this existing imbalance, the call to reform the practice of surrogacy has also increased. The book provides a comprehensive coverage to various laws and policy regulations in existence dealing with surrogacy, and unravels the latest trends and developments happening around the world as surrogacy gains importance. The international perspectives highlight policies and practices being adopted and followed by various nations with regard to surrogacy regulation and associated parenthood rules. This book also analyses some of the significant cross-border disputes revolving around surrogacy, and explores briefly the jurisprudence of the European Court of Human Rights on matters of parentage and citizenship for children born of trans-national surrogacy with special reference to the prospects of a convention on international surrogacy currently being studied by The Hague Conference on Private International Law. Further, it highlights the issues and questions relating to surrogacy arrangements that are so far unresolved and unanswered and suggests measures for improvements to the existing proposed surrogacy legislation in India and need for uniform international regulation. The book is a great resource for legal practitioners, academics, students, policy-makers, infertility clinics, and charitable organizations working on this issue.
Author: Collectif Publisher: Éditions de la Maison des sciences de l’homme ISBN: 2735122859 Category : Social Science Languages : en Pages : 432
Book Description
Thanks to recent progress in biotechnology, surrogacy, transplantation of organs and tissues, blood products or stem-cell and gamete banks are now widely used throughout the world. These techniques improve the health and well-being of some human beings using products or functions that come from the body of others. Growth in demand and absence of an appropriate international legal framework have led to the development of a lucrative global trade in which victims are often people living in insecure conditions who have no other ways to survive than to rent or sell part of their body. This growing market, in which parts of the human body are bought and sold with little respect for the human person, displays a kind of dehumanization that looks like a new form of slavery. This book is the result of a collective and multidisciplinary reflection organized by a group of international researchers working in the field of medicine and social sciences. It helps better understand how the emergence of new health industries may contribute to the development of a global medical tourism. It opens new avenues for reflection on technologies that are based on appropriation of parts of the body of others for health purposes, a type of practice that can be metaphorically compared to cannibalism. Are these the fi rst steps towards a proletariat of men- and women-objects considered as a reservoir of products of human origin needed to improve the health or well-being of the better-off? The book raises the issue of the uncontrolled use of medical advances that can sometimes reach the anticipations of dystopian literature and science fiction.
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.
Author: Andrew Powell Publisher: ISBN: 9781912687497 Category : Languages : en Pages : 166
Book Description
As a recent Supreme Court judgment remarked, the law relating to surrogacy in England and Wales can sometimes seem fragmented and obscure. This book provides the reader with a practical guide that starts with the history of surrogacy laws in England and Wales, and provides an up to date guide to how parental status for children born as a result of a surrogacy arrangement can be achieved. This book explores the key legal concepts in family law of legal parentage and parental responsibility and how that relates to children born via surrogacy, and then examines the criteria required for a parental order to be granted as well as the application process from start to finish. The book also provides an analysis of circumstances where the criteria for a parental order is not met and the legal options that are available to secure some form of parental status between the child and their parent(s). ABOUT THE AUTHOR Andrew Powell is a family law barrister at 4 Paper Buildings, specialising in surrogacy, the international movement of children, adoption, public law children work and court of protection. He is ranked in the Legal 500 and Chambers and Partners and acknowledged for his expertise in surrogacy law. Andrew is member of the Family Law Bar Association, The Association of Lawyers for Children, Resolution and is an associate member of the American Bar Association (Family Law Section). TESTIMONIALS "This is a much needed book in a specialist and difficult area of family law. Andrew Powell answers all of the questions that family lawyers and lay clients will have about how to approach a surrogacy case from beginning to end." - Linzi Bull, Partner at Penningtons Manches Cooper LLP CONTENTS 1. Introduction 2. What Is Surrogacy? 3. Legal Parenthood and Parental Responsibility 4. Parental Orders and the Parental Order Criteria 5. Welfare 6. The Parental Order Reporter and Their Duties 7. The Parental Order Application Process 8. What Happens When the Criteria for a Parental Order Is Not Met? 9. Concluding Comments
Author: Katarina Trimmings Publisher: Bloomsbury Publishing ISBN: 1782251316 Category : Law Languages : en Pages : 588
Book Description
This book addresses the pressing challenges presented by the proliferation of international surrogacy arrangements. The book is divided into three parts. Part 1 contains National Reports on domestic approaches to surrogacy from Argentina, Australia, Belgium, Brazil, China, Czech Republic, France, Germany, Greece, Guatemala, Hungary, India, Ireland, Israel, Mexico, Netherlands, New Zealand, Russia, South Africa, Spain, Ukraine, United Kingdom, United States and Venezuela. The reports are written by domestic specialists, each demonstrating the difficult and urgent problems arising in many States as a result of international surrogacy arrangements. These National Reports not only provide the backdrop to the authors' proposed model regulation appearing in Part 3, but serve as a key resource for scrutinising the most worrying incompatibilities in national laws on surrogacy. Part 2 of the book contains two contributions that provide international perspectives on cross-border surrogacy such as the 'human rights' perspective. Part 3 contains a General Report, which consists of an analysis of the National Reports appearing in Part 1, together with a proposed model of regulation of international surrogacy arrangements at the international level written by the two co-editors, Paul Beaumont and Katarina Trimmings. The research undertaken by Katarina Trimmings and Paul Beaumont from 2010 to 2012 was funded by the Nuffield Foundation. This title is included in Bloomsbury Professional's Family Law online service.
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.
Author: E. Scott Sills Publisher: Cambridge University Press ISBN: 1107112222 Category : Family & Relationships Languages : en Pages : 355
Book Description
A clinical handbook on gestational surrogacy, with thorough guidance for clinicians involved in global third-party reproductive treatment.
Author: Leslie Francis Publisher: Oxford University Press ISBN: 0199981876 Category : Medical Languages : en Pages : 681
Book Description
Intimate and medicalized, natural and technological, reproduction poses some of the most challenging ethical dilemmas of our time. This volume brings together scholars from multiple perspectives to address both traditional and novel questions about the rights and responsibilities of human reproducers, their caregivers, and the societies in which they live.
Author: Heather Jacobson Publisher: Rutgers University Press ISBN: 0813584388 Category : Social Science Languages : en Pages : 321
Book Description
While the practice of surrogacy has existed for millennia, new fertility technologies have allowed women to act as gestational surrogates, carrying children that are not genetically their own. While some women volunteer to act as gestational surrogates for friends or family members, others get paid for performing this service. The first ethnographic study of gestational surrogacy in the United States, Labor of Love examines the conflicted attitudes that emerge when the ostensibly priceless act of bringing a child into the world becomes a paid occupation. Heather Jacobson interviews not only surrogate mothers, but also their family members, the intended parents who employ surrogates, and the various professionals who work to facilitate the process. Seeking to understand how gestational surrogates perceive their vocation, she discovers that many regard surrogacy as a calling, but are reluctant to describe it as a job. In the process, Jacobson dissects the complex set of social attitudes underlying this resistance toward conceiving of pregnancy as a form of employment. Through her extensive field research, Jacobson gives readers a firsthand look at the many challenges faced by gestational surrogates, who deal with complicated medical procedures, delicate work-family balances, and tricky social dynamics. Yet Labor of Love also demonstrates the extent to which advances in reproductive technology are affecting all Americans, changing how we think about maternity, family, and the labor involved in giving birth. For more, visit http://www.heatherjacobsononline.com/
Author: Harleen Kaur
Author: Collectif
Author: Paula Gerber
Author: Ruth Cabeza
Author: Andrew Powell
Author: Katarina Trimmings
Author: Martha A. Field
Author: E. Scott Sills
Author: Leslie Francis
Author: Heather Jacobson