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Fertility and Sterility May 2020This article aims to identify the main legal and ethical issues around international surrogacy. Owing to the legal diversity and ethical background of such a globalized... (Review)
Review
This article aims to identify the main legal and ethical issues around international surrogacy. Owing to the legal diversity and ethical background of such a globalized practice, a review of the key existing literature on these two matters has been identified and analyzed. The article also identifies and analyzes the most significant legal solutions provided by supranational jurisdictions when dealing with cases of international surrogacy. The scope of the article includes the efforts to reach a minimum legal framework at the international level, with the aim not to standardize but to provide common legal solutions to those travelling abroad to have a child by means of surrogacy.
Topics: Female; Humans; Internationality; Medical Tourism; Policy Making; Pregnancy; Reproductive Medicine; Reproductive Techniques, Assisted; Surrogate Mothers
PubMed: 32327242
DOI: 10.1016/j.fertnstert.2020.03.003 -
Medical Law Review Feb 2017Drawing upon the preliminary findings of an Australian empirical project on cross-border reproduction (CBR), this article argues that regulators and policymakers could...
Drawing upon the preliminary findings of an Australian empirical project on cross-border reproduction (CBR), this article argues that regulators and policymakers could learn from the experiences of those who travel overseas in order to access fertility treatment and surrogacy. It makes four principal observations. First, the distinction between so-called 'altruistic' and 'commercial' gamete donation and surrogacy is increasingly unsustainable and is not experienced as meaningful by many participants in CBR. Secondly, the status of the law in CBR is profoundly equivocal; for participants it is often there and not there at the same time. Thirdly, self-sourced information, from the internet and more specifically social media such as Facebook, is now the principal source of information and peer support for reproductive travellers. Fourthly, and relatedly, domestic reproductive services providers are often sidestepped. If one of the goals of regulation is to minimise the risk of harm to participants, it is not clear that it is currently achieving this aim, and this article argues that any reforms will only work if they are more responsive to the reality of CBR.
Topics: Adult; Australia; Female; Humans; Medical Tourism; Pregnancy; Reproductive Techniques, Assisted; Surrogate Mothers
PubMed: 28073821
DOI: 10.1093/medlaw/fww045 -
Archives of Disease in Childhood Feb 2021Surrogate pregnancies are becoming more common, but the law governing who can give consent following surrogate births is complex. Parental responsibility (PR) may be...
Surrogate pregnancies are becoming more common, but the law governing who can give consent following surrogate births is complex. Parental responsibility (PR) may be held by a variety of individuals, depending on the specific circumstances.We conducted a survey of paediatric medical staff within Health Education South West to establish knowledge regarding consent for a baby before a parental or adoption order is obtained. Our results showed that 19% of the 47 respondents answered all scenarios correctly. 43% of respondents knew that the surrogate mother had PR in all scenarios; however, 13% incorrectly assumed that either intended parent always had PR. Knowledge of other individuals who could provide consent in the scenarios was variable.Our survey revealed poor understanding regarding medicolegal aspects of consent in these complex situations, emphasising the need for more specific published guidance for primary and secondary healthcare professionals encountering these babies in the early postnatal period.
Topics: Female; Health Personnel; Humans; Infant, Newborn; Informed Consent; Male; Pediatrics; Practice Patterns, Physicians'; Pregnancy; State Medicine; Surrogate Mothers; Surveys and Questionnaires; United Kingdom
PubMed: 31937569
DOI: 10.1136/archdischild-2019-318172 -
The Medico-legal Journal Sep 2020Surrogacy is a controversial issue and most particularly when well-known celebrities have used it. It is a boon for couples where normal pregnancy is not possible but...
Surrogacy is a controversial issue and most particularly when well-known celebrities have used it. It is a boon for couples where normal pregnancy is not possible but can be used for commercial exploitation. The Government of India passed a law on surrogacy in December 2018, which introduced many changes to the pre-existing rules, in particular, it bans commercial surrogacy and curtails the freedom of foreigners to apply for surrogacy in India. This has dealt a major blow to the agencies who organised surrogacy for foreigners. A key reason for passing this law was the unjust treatment of the women who provided surrogacy services. They had poor living conditions and often failed to receive the money that was paid by the intended parents to the agency. There are some countries where commercial surrogacy is legal, including some states in the United States of America, Poland, Russia and many others. Some surrogate mothers suffer complications from the assisted reproductive technologies used; these mainly include ectopic pregnancy, psychological stress and ovarian hyper stimulation syndrome. Same sex couples, single parents and even infertile women should be encouraged to adopt children.
Topics: Health Status; Humans; India; Internationality; Surrogate Mothers
PubMed: 32216696
DOI: 10.1177/0025817219891881 -
Fertility and Sterility May 2020Gestational surrogacy, made possible with the introduction of in vitro fertilization, has expanded family building options while introducing novel challenges to... (Review)
Review
Gestational surrogacy, made possible with the introduction of in vitro fertilization, has expanded family building options while introducing novel challenges to established legal principles involving constitutional, contract, and family law as well as duty of care and negligence. Both legislatures and courts have grappled with how to apply these sometimes-competing areas of law to protect participants and professionals, and to create legally secure families. This article explores the following: the Constitutionally protected rights of privacy and reproductive autonomy of gestational surrogates; Contract Law principles that govern surrogacy contracts; the varied ways states have extended Family Law to establish legally recognized parent-child relationships between intended parents and children born to gestational surrogates; and the legal duties of care medical professionals owe to their patients.
Topics: Confidentiality; Female; Humans; Personal Autonomy; Policy Making; Pregnancy; Reproductive Behavior; Reproductive Medicine; Reproductive Techniques, Assisted; Surrogate Mothers
PubMed: 32327239
DOI: 10.1016/j.fertnstert.2020.03.015 -
Lakartidningen Feb 2016
Topics: Female; Humans; Pregnancy; Societies, Medical; Surrogate Mothers; Sweden
PubMed: 26928700
DOI: No ID Found -
Journal International de Bioethique Et... Jul 2015Surrogacy today is under an absolute legal ban by means of article 16-7 of the Civil Code, resulting from the law of 29 July 1994 and which the revisions of 2006 and...
Surrogacy today is under an absolute legal ban by means of article 16-7 of the Civil Code, resulting from the law of 29 July 1994 and which the revisions of 2006 and 2011 have in no way modified. The Court of Appeal until 2014 ensured the impact of this text by refusing to transcribe on the national registers the birth certificates drawn up abroad of children born thanks to a protocol of surrogacy. While a circular of 2013, recently validated by the Council of State, allows certificates of French nationality to be delivered to these children, France has been condemned by the European Court of Human Rights for infringement of their privacy. These latest developments, which will undoubtedly have consequences for the Appeal Court's position, provide France with an opportunity to re-open a debate which up to now, has had no results.
Topics: Europe; Female; France; Humans; Surrogate Mothers
PubMed: 27356352
DOI: No ID Found -
Irish Journal of Medical Science Aug 2021Reproductive surrogacy can be altruistic or commercial, each with complex ethical considerations that are complicated by heterogeneity in governing laws across... (Review)
Review
Reproductive surrogacy can be altruistic or commercial, each with complex ethical considerations that are complicated by heterogeneity in governing laws across jurisdictions. Surrogacy in Ireland is relatively new and largely unregulated, so this review aims to elucidate its current regulatory status and associated ethical issues. AIMS: On reproductive surrogacy from an Irish legal perspective, to: 1. Illustrate the lack of established legislation 2. Describe draft statute 3. Demonstrate the inadequacy of current non-statutory regulation 4. Examine European and Irish Constitutional Law 5. Exhibit challenges in case law for parenthood: i. The lack of recognition of intent to conceive compared to non-Irish jurisdictions ii. The lack of recognition of international surrogacy iii. The lack of procedures to transfer legal parenthood iv. The legal/medical/religious/socioeconomic consequences of 5] i, ii, iii On reproductive surrogacy from an Irish ethical perspective, to: 6. Analyse ethical issues in altruistic surrogacy 7. Evaluate ethical issues specific to commercial surrogacy: i. Financial and emotional exploitation ii. Commodification of children and women's bodies iii. Child welfare iv. Healthcare inequality CONCLUSION: Irish reproductive surrogacy exists in a legislative vacuum and is poorly governed by non-statutory regulation. However, Ireland is free to draft laws aligned with modern societal views on reproduction, which is especially relevant given the recent legalisation of same-sex marriage. Ethically, carrying mothers and children are vulnerable, particularly in commercial arrangements, with significant financial disparities between commissioning and surrogate parties. Altruistic arrangements can be a boon to Irish society if supported by public education and appropriate legal frameworks.
Topics: Child; Female; Humans; Ireland; Mothers; Pregnancy; Reproduction; Surrogate Mothers
PubMed: 33131030
DOI: 10.1007/s11845-020-02402-4 -
Journal International de Bioethique Et... Jul 2015Post mortem paternity, namely the procreation after the death of the man whom is part of the couple, is one of the questions which raised the most hesitations since the...
Post mortem paternity, namely the procreation after the death of the man whom is part of the couple, is one of the questions which raised the most hesitations since the first bioethics laws of 1994. The National Assembly, encouraged by several opinions of the CCNE (National advisory committee of ethics) had let itself convince that the transfer had, at least, to be authorized in utero embryos preserved at the regard of which no one could not claim to have rights equal or higher than those of the woman concerned. However, the Senate always ended up obtaining the maintenance of an absolute prohibition of posthumous procreation (starting) from the spermatozoids or frozen embryos. This indifference with the cruelty of the application of the law to the women plunged into mourning--based on a paradoxical appreciation of the interest of the child not to be born orphan, and on a not very glorious taking into account of the interest of the Body of notaries not to change its practices--is particularly debatable. One can, nevertheless, try to understand it according to the obsession of the legalization of surrogate motherhood by application of the principle of nondiscrimination which could justify the requests of the men who, thanks to a surrogate mother, would wish to become fathers starting from gametes or embryos taken or created before the death of their wife or partner.
Topics: Child; Child Advocacy; Cryopreservation; Embryo Transfer; France; Humans; Male; Paternity; Posthumous Conception; Reproductive Techniques, Assisted; Spermatozoa
PubMed: 27356350
DOI: No ID Found -
Philosophy, Ethics, and Humanities in... Jul 2023Comprehensive commercial surrogacy became legal in India in 2002, and many foreigners, including individuals and same-sex couples, sought Indian surrogacy services due...
BACKGROUND
Comprehensive commercial surrogacy became legal in India in 2002, and many foreigners, including individuals and same-sex couples, sought Indian surrogacy services due to their affordability. Numerous scandals resulted, with increasing calls for the government to eliminate the exploitation of women in lower social strata. In 2015, the Indian government decided to exclude foreign clients and commercial surrogacy remained legal for local Indian couples only. Furthermore, to eliminate exploitation, the concept of altruistic surrogacy was introduced in 2016. In 2020, some restrictions within altruistic surrogacy practice were removed. Controversy remains, however, in various sectors, not least because surrogacy is a relatively new concept in India. In this paper, the advantages and disadvantages of both altruistic and commercial surrogacy in the Indian context are considered, and more appropriate policy concerning surrogacy practices is suggested.
METHODS
This paper is based on fieldwork conducted in India from 2010 to 2018. Interview surveys were conducted among doctors, policy makers, activists, former surrogates, and brokers. Government documents and media reports were also important sources.
RESULTS
Surrogacy for commercial purposes began in India in 2002, and stakeholders within the commercial surrogacy industry became well established. It was found that such stakeholders were strongly opposed to altruistic surrogacy as introduced in 2016. It was also found that women in lower social strata still sought some form of financial compensation from their reproductive labor. Controversies surrounding altruistic surrogacy continue within Indian society.
CONCLUSION
Policies and practices aimed at eliminating exploitive need to consider the Indian context carefully. Any surrogacy practice might potentially be exploitive, and the distinction between commercial and altruistic surrogacy is too simplistic to be useful, with more nuanced understanding required. It is of critical importance that investigation continues on how to eliminate the exploitation of Indian surrogate mothers throughout the process, regardless of monetary compensation. The entire surrogacy process should be managed with sensitivity, particularly in relation to the well-being of the mother and child.
Topics: Female; Humans; Pregnancy; Altruism; India; Policy; Reproduction; Surrogate Mothers
PubMed: 37420245
DOI: 10.1186/s13010-023-00130-y