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Medicine and Law Mar 2011The content of this work is conceived on the research of the consequences of surrogate motherhood as a process of assisted procreation, which represent a way of...
The content of this work is conceived on the research of the consequences of surrogate motherhood as a process of assisted procreation, which represent a way of parenthood in cases when it is not possible to realize parenthood through a natural way. Surrogate motherhood is a process in which a woman (surrogate mother) agrees to carry a pregnancy with the intent to give the child to the couple with whom she has made a contract on surrogate maternity after the birth. This process of conception and birth makes the determination of the child's origin on its mother's side hard to determine, because of the distinction of the genetic and gestation phases of the two women. The concept of surrogate motherhood is to appear in two forms, depending on the existence or the non-existence of the genetic link between the surrogate mother and the child she gives birth to. There are gestation (full) and genetic (partial) surrogates each with different modalities and legal and ethical implications. In Serbia, Infertility Treatment and the Bio-medically Assisted Procreation Act from 2009 explicitly forbids surrogate motherhood, despite the fact that an infertile couple decides to use it, as a rule, after having tried all other treatment procedures, in cases when there is a diagnosis but the conventional treatment applied has not produced the desired results. Given the fact that no one has the right to ignore the sufferings of people who cannot procreate naturally, the medical practice and legal science in our country plead for a formulation of a legal framework in which to apply surrogate motherhood as an infertility treatment, under particular conditions.
Topics: Female; Humans; Infertility, Female; Pregnancy; Reproductive Rights; Serbia; Surrogate Mothers
PubMed: 21528795
DOI: No ID Found -
Lakartidningen Feb 2016
Topics: Female; Humans; Pregnancy; Societies, Medical; Surrogate Mothers; Sweden
PubMed: 26928700
DOI: No ID Found -
Journal of Medical Ethics Aug 2018The law ordinarily recognises the woman who gives birth as the mother of a child, but in certain jurisdictions, it will recognise the commissioning couple as the legal...
The law ordinarily recognises the woman who gives birth as the mother of a child, but in certain jurisdictions, it will recognise the commissioning couple as the legal parents of a child born to a commercial surrogate. Some commissioning parents have, however, effectively abandoned the children they commission, and in such cases, commercial surrogates may find themselves facing unexpected maternal responsibility for children they had fully intended to give up. Any assumption that commercial surrogates ought to assume maternal responsibility for abandoned children runs contrary to the moral suppositions that typically govern contract surrogacy, in particular, assumptions that gestational carriers are not 'mothers' in any morally significant sense. In general, commercial gestational surrogates are almost entirely conceptualised as 'vessels'. In a moral sense, it is deeply inconsistent to expect commercial surrogates to assume maternal responsibility simply because commissioning parents abandon children for one reason or another. We identify several instances of child abandonment and discuss their implications with regard to the moral conceptualisation of commercial gestational surrogates. We conclude that if gestational surrogates are to remain conceptualised as mere vessels, they should not be expected to assume responsibility for children abandoned by commissioning parents, not even the limited responsibility of giving them up for adoption or surrendering them to the state.
Topics: Adolescent; Child; Child Custody; Child, Preschool; Contracts; Humans; Infant; Infant, Newborn; Social Responsibility; Surrogate Mothers
PubMed: 29650760
DOI: 10.1136/medethics-2017-104331 -
The Medico-legal Journal 2000
Topics: Adult; Child Custody; Embryo Transfer; Europe; Female; Human Rights; Humans; Infant, Newborn; International Cooperation; Male; Pregnancy; Spermatozoa; Surrogate Mothers; Tissue Donors; United Kingdom
PubMed: 11076492
DOI: 10.1258/rsmmlj.68.2.65 -
Cuadernos de Bioetica : Revista Oficial... 2019Spanish law, article 177 of the Civil Code, and the European Convention on the minors' adoption require for the validity of the mother's consent, the passing of six...
Spanish law, article 177 of the Civil Code, and the European Convention on the minors' adoption require for the validity of the mother's consent, the passing of six weeks after the birth, as a guarantee of her freedom, consciousness and adequate information. In contrast, in the agreements of surrogate mother, the woman contracted for the pregnancy must give her irrevocable consent to give the child at birth, ex ante the process, leaving her unprotected: preventing the revocation of her (apparent) initial choice at the end of the pregnancy and knowing her child already born. In addition to the illegality of the object of this contract, despite the existence of a law that makes it positive, the consent given must be considered null and void.
Topics: Adoption; Contracts; Female; Humans; Surrogate Mothers
PubMed: 31206298
DOI: 10.30444/CB.32 -
Women's Health Issues : Official... 1991
Topics: Female; Humans; Informed Consent; Maternal-Fetal Relations; Obstetrics; Personal Autonomy; Physician-Patient Relations; Pregnancy; Prenatal Care; Risk; Risk Assessment; Social Control, Formal; Surrogate Mothers
PubMed: 1822387
DOI: 10.1016/s1049-3867(05)80122-7 -
British Medical Journal (Clinical... Jun 1987
Topics: Counseling; Data Collection; Female; Humans; Mothers; Pregnancy; Surrogate Mothers
PubMed: 3113588
DOI: 10.1136/bmj.294.6588.1688-b -
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 -
MCN. the American Journal of Maternal... 2015Infertility affects more than 7 million American couples. As traditional treatments fail and the costs of hiring a surrogate increase in the United States, transnational... (Review)
Review
Infertility affects more than 7 million American couples. As traditional treatments fail and the costs of hiring a surrogate increase in the United States, transnational commercial surrogacy becomes a feasible alternative for many couples. Infertile couples may opt for this choice after reading enticing Internet advertisements of global medical tourism offering "special deals" on commercial surrogacy. This is particularly true in India where couples from the United States can purchase transnational surrogacy for less than one-half or even one-third of the costs in the United States, including the cost of travel. The majority of surrogate mothers in India come from impoverished, poorly educated rural areas of India. Commercial surrogacy offers the lure of earning the equivalent of 5 years of family income. This multidisciplinary review of the literature suggests that the issue of commercial surrogacy is complex and influenced by a number of factors including expensive infertility costs, ease of global travel, and the financial vulnerability of Indian commercial surrogate mothers and their families. Questions are being raised about decision making by the surrogate mother particularly as influenced by gender inequities, power differentials, and inadequate legal protection for the surrogate mother. More research is needed to understand commercial surrogacy, especially research inclusive of the viewpoints of the Indian mothers and their families involved in these transactions.
Topics: Commerce; Female; Humans; India; Maternal-Child Health Services; Pregnancy; Surrogate Mothers; Vulnerable Populations
PubMed: 26110574
DOI: 10.1097/NMC.0000000000000163 -
Molecular Human Reproduction Feb 2012The aim of this review is to summarize the state-of the-art methods that are used in clinical organ transplantation today, as well as the major findings of recent... (Review)
Review
The aim of this review is to summarize the state-of the-art methods that are used in clinical organ transplantation today, as well as the major findings of recent experimental uterus transplantation (UTx) research regarding organ donation/retrieval, ischemic preservation, surgical techniques for anastomosis, immunosuppression and pregnancy. Absolute uterine factor infertility lacks treatment despite the major developments in infertility treatment and assisted reproduction. Concerning uterine factor infertile patients, genetic motherhood is only possible through gestational surrogacy. The latter can pose medical, ethical and legal concerns such as lack of control of life habits during surrogate pregnancy, economic motives for women to become surrogate mothers, medical/psychological pregnancy-related risks of the surrogate mother and uncertainties regarding the mother definition. Thus, surrogacy is non-approved in large parts of the world. Recent advances in the field of solid organ transplantation and experimental UTx provide a favourable and safe background in a scenario in which a human clinical UTx trial can take place. Protocols based on animal research over the last decade are described with a view to providing a scientifically guided approach to human UTx as an experimental procedure in the future.
Topics: Female; Humans; Immunosuppression Therapy; Infertility, Female; Lymphocyte Depletion; Organ Preservation Solutions; Pregnancy; Reperfusion Injury; Surrogate Mothers; Tissue and Organ Harvesting; Transplantation, Homologous; Uterine Diseases; Uterus
PubMed: 21900333
DOI: 10.1093/molehr/gar055