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British Medical Journal (Clinical... Jan 1985
Topics: Contracts; Female; Humans; Insemination, Artificial; Internationality; Judicial Role; Jurisprudence; Mothers; Pregnancy; Spermatozoa; United Kingdom
PubMed: 3917796
DOI: No ID Found -
Fertility and Sterility Feb 2021Legal issues affect reproductive medical practice throughout the entire world. The breadth and depth of this interrelationship extend far beyond the scope of one series... (Review)
Review
Legal issues affect reproductive medical practice throughout the entire world. The breadth and depth of this interrelationship extend far beyond the scope of one series of articles in Views and Reviews. Given this limitation, we have chosen to present five topics, all different, but illustrative of key concepts that influence our practice of reproductive medicine. Our hope is that this "medical-legal sampler" will both inform and provoke thoughtful consideration of the ways we can best and most responsibly practice and serve our patients.
Topics: Female; Humans; Medical Tourism; Physicians; Pregnancy; Professional Autonomy; Reproductive Medicine; Reproductive Techniques, Assisted; Surrogate Mothers
PubMed: 33388138
DOI: 10.1016/j.fertnstert.2020.11.026 -
The Linacre Quarterly Feb 2019Surrogate motherhood is an assisted procreation practice by which a woman gestates an embryo with which she has no biological relationship on behalf of a contracting...
Surrogate motherhood is an assisted procreation practice by which a woman gestates an embryo with which she has no biological relationship on behalf of a contracting couple or individual, having to relinquish the child to them after its birth. This practice normally entails a financial remuneration for the pregnant woman; when this is not the case, it is called altruistic surrogacy. From a medical perspective, potential problems for the surrogate and for children born through this practice should be taken into account, especially the existence of possible disabilities in the child. The bioethical aspects are of most interest because the practice of surrogacy objectifies the expectant mother, by using her body for a purpose other than her own good, treating her as a commodity, as a thing. The same is true for the child because it makes him a disposable object, something that can be instrumentalized, similarly objectifying him.
PubMed: 32431389
DOI: 10.1177/0024363919830840 -
Upsala Journal of Medical Sciences May 2020Based on a critical interpretative review of existing qualitative research investigating accounts of 'lived experience' of surrogates and intended parents from a... (Review)
Review
Based on a critical interpretative review of existing qualitative research investigating accounts of 'lived experience' of surrogates and intended parents from a relational perspective, this article proposes a typology of surrogacy arrangements. The review is based on the analysis of 39 articles, which belong to a range of different disciplines (mostly sociology, social psychology, anthropology, ethnology, and gender studies). The number of interviews in each study range from as few as seven to over one hundred. Countries covered include Australia, Canada, Greece, India, Iran, Israel, Italy, Mexico, Norway, Russia, Sweden, UK, Ukraine, and the USA. Most studies focus only on surrogacy practices in one country (although often with intended parents from other countries), and some include several countries (e.g. interviewees from several countries or fieldwork in different field-sites). The proposed typology goes beyond the division between altruistic versus commercial, and traditional versus gestational surrogacy, in order to inform further research and to contribute to bioethical and policy debates on surrogacy in a transnational context. Four types of relations are identifiable: open, restricted, structured, and enmeshed. The criteria which influence these relationships are: the frequency and character of contact pre- and post-birth; expectations of both parties; the type of exchange involved in surrogacy arrangements; and cultural, legal, and economic contexts. The theoretical contribution of the article is to further the development of a relational justice approach to surrogacy.
Topics: Cultural Characteristics; Female; Global Health; Health Policy; Humans; International Cooperation; Interpersonal Relations; Personal Satisfaction; Pregnancy; Qualitative Research; Surrogate Mothers
PubMed: 32070166
DOI: 10.1080/03009734.2020.1725935 -
Bioscience Trends Sep 2023China's birth rates hit a record low in 2021. The high demand for having children has spawned a massive market for surrogacy, which, however, is a dilemma in China...
China's birth rates hit a record low in 2021. The high demand for having children has spawned a massive market for surrogacy, which, however, is a dilemma in China involving a series of moral and legal issues under the current circumstances. First, special populations, including infertile patients, families who have lost their sole child, and homosexuals, wanted to have children, giving rise to surrogacy. Then, the development of and innovation in assisted reproductive technology allowed surrogacy to mature. A high return offsets a high risk, and consequently, an underground surrogacy market has emerged, causing various social issues for the Chinese Government, such as civil disputes, gender disproportion, crime, and the spread of disease. At the same time, surrogacy violates moral ethics, traditional Chinese culture, and the rights and interests of vulnerable groups.
Topics: Female; Child; Pregnancy; Humans; Surrogate Mothers; Reproductive Techniques, Assisted; China
PubMed: 37081669
DOI: 10.5582/bst.2022.01263 -
Fertility and Sterility Nov 2018Intended parents engage with gestational carriers in an attempt to achieve their personal reproductive goals. All gestational carriers have a right to be fully informed... (Review)
Review
Intended parents engage with gestational carriers in an attempt to achieve their personal reproductive goals. All gestational carriers have a right to be fully informed of the risks as well as the contractual and legal aspects of the gestational-carrier process. Gestational carriers have autonomy in making their own decisions regarding medical care and should be free from undue influences by the stakeholders involved. They should have free access to and receive psychological evaluation and counseling before, during, and after participating. Gestational carriers require independent legal counsel regarding the execution of contracts. This document replaces the document of the same name, last published in 2013 (Fertil Steril 2013;99:1838-1841).
Topics: Ethics Committees; Female; Humans; Informed Consent; Pregnancy; Surrogate Mothers
PubMed: 30396538
DOI: 10.1016/j.fertnstert.2018.08.029 -
Asian Bioethics Review Oct 2022Shi'i jurists have three different theories with regard to gestational surrogacy and who should be recognized as the mother of the newborn: (1) the surrogate mother (2)...
Shi'i jurists have three different theories with regard to gestational surrogacy and who should be recognized as the mother of the newborn: (1) the surrogate mother (2) or the ovum provider (biological mother) (3) or both of them. The religious law () regarding the title of 'mother' and issues such as inheritance, will (), marriage, and custody have been discussed by Shi'i jurists but no exact definition of this term has been provided by them. Because the fertilized ovum is considered the origin of humans and the formation of an embryo also determines the kinship of the newborn, the mother of the child is the woman that fetus created by her ovum. It is this woman who has all the rights and responsibilities of a mother; even if the surrogate mother is considered the mother of the child, she has no rights over the child nor does she have any duties towards him/her.
PubMed: 36203710
DOI: 10.1007/s41649-022-00217-2 -
Fertility and Sterility Jan 2016Premature ovarian insufficiency is a relatively rare condition that can appear early in life. In a non-negligible number of cases the ovarian dysfunction results from... (Review)
Review
Premature ovarian insufficiency is a relatively rare condition that can appear early in life. In a non-negligible number of cases the ovarian dysfunction results from genetic diseases. Turner syndrome (TS), the most common sex chromosome abnormality in females, is associated with an inevitable premature exhaustion of the follicular stockpile. The possible or probable infertility is a major concern for TS patients and their parents, and physicians are often asked about possible options to preserve fertility. Unfortunately, there are no recommendations on fertility preservation in this group. The severely reduced follicle pool even during prepubertal life represents the major limit for fertility preservation and is the root of numerous questions regarding the competence of gametes or ovarian tissue crybanked. In addition, patients suffering from TS show higher than usual rates of spontaneous abortion, fetal anomaly, and maternal morbidity and mortality, which should be considered at the time of fertility preservation and before reutilization of the cryopreserved gametes. Apart from fulfillment of the desire of becoming genetic parents, TS patients may be potential candidates for egg donation, gestational surrogacy, and adoption. The present review discusses the different options for preserving female fertility in TS and the ethical questions raised by these approaches.
Topics: Adoption; Cryopreservation; Embryo Transfer; Female; Fertility; Fertility Preservation; Fertilization in Vitro; Genetic Predisposition to Disease; Humans; Infertility, Female; Ovary; Phenotype; Pregnancy; Primary Ovarian Insufficiency; Risk Factors; Surrogate Mothers; Treatment Outcome; Turner Syndrome
PubMed: 26677790
DOI: 10.1016/j.fertnstert.2015.11.042 -
Fertility and Sterility Jun 2016
Topics: Compensation and Redress; Female; Fertility; Fertilization in Vitro; Humans; Infertility; Interpersonal Relations; Pregnancy; Surrogate Mothers
PubMed: 27131300
DOI: 10.1016/j.fertnstert.2016.04.017 -
Journal of Human Reproductive Sciences 2018Surrogacy is an important method of assisted reproductive technology wherein a woman carries pregnancy for another couple. Number of couples around the world require... (Review)
Review
Surrogacy is an important method of assisted reproductive technology wherein a woman carries pregnancy for another couple. Number of couples around the world require surrogacy services for various reasons. Although this arrangement seems to be beneficial for all parties concerned, there are complex social, ethical, moral, and legal issues associated with it. It is these complexities that have made this practice unpopular in many parts of the world. Surrogacy in India has had its own journey from India becoming popular as a surrogacy center since 2002 to the Surrogacy (Regulation) Bill, 2016, which would restrict the option of surrogacy for many. Surrogacy is an important medical service for all those couples who would otherwise not have been able to produce a child. Surrogacy would be practiced harmoniously if delicate issues associated with surrogacy will be addressed properly through appropriately framed laws which would protect the rights of surrogate mothers, intended parents, and child born through surrogacy.
PubMed: 30568349
DOI: 10.4103/jhrs.JHRS_138_17