International Surrogacy Arrangements

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.

During the last two decades, a new form of trade in commercial surrogacy grew across Asia. Starting in India, a “disruptive” model of surrogacy offered mass availability, rapid accessibility, and created new demands for surrogacy services from people who could not afford or access surrogacy elsewhere. In International Surrogacy as Disruptive Industry in Southeast Asia, Andrea Whittaker traces the development of this industry and its movement across Southeast Asia following a sequence of governmental bans in India, Nepal, Thailand, and Cambodia. Through a case study of the industry in Thailand, the book offers a nuanced and sympathetic examination of the industry from the perspectives of the people involved in it: surrogates, intended parents, and facilitators. The industry offers intended parents the opportunity to form much desired families, but also creates vulnerabilities for all people involved. These vulnerabilities became evident in cases of trafficking, exploitation, and criminality that emerged in southeast Asia, leading to greater scrutiny on the industry as a whole. Yet the trade continues in new flexible hybrid forms, involving the circulation of reproductive gametes, embryos, surrogates, and ova donors across international borders to circumvent regulations. The book demonstrates the need for new forms of regulation to protect those involved in international surrogacy arrangements.

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.

The complexity of Surrogacy is arguably made even more so by the very nature of it being a decision many families reach due to the greatest of emotional challenges. There are so many opportunities for things to go wrong, but also the greatest of happy outcomes for so many families too. As a specialist surrogacy lawyer and a surrogate in 2018, Sarah Jefford has observed many surrogacy teams both flourish and struggle, and that has led to this very important book. In order to maximise every potential for things to go well for both intended parents and surrogate mothers, we need to make informed decisions that protect the interests of everyone involved, but most importantly that are in the best interests of the children - those who are already here, and those who will be in the future. If you want to know answers to the questions of how does surrogacy work, and the surrogate mother process, then this book will be your best place to start. But keep it handy throughout the entire process so that as your journey progresses, you will be able to understand the many aspects of surrogate pregnancy, intended parents roles, and each other's vital roles in creating a family together.

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.

Andrea Whittaker traces the development of international surrogacy industry and its movement across Southeast Asia following a sequence of governmental bans in India, Nepal, Thailand, and Cambodia. The book offers a nuanced and sympathetic examination of the industry from the perspectives of the people involved in it.

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.

Surrogacy is a very sensitive topic, which raises a number of ethical concerns and is regulated in various ways in different EU Member States. Some jurisdictions - e.g. France, Germany, Italy and Sweden - ban both altruistic and commercial surrogacy, while others - e.g. Greece and the UK - allow the practice as long as it is not commercial, and still others have adopted either very limited legislation or none at all on the topic. A substantial account of these variations is to be found in the 2013 study commissioned by the Policy Department on Citizens' Rights and Constitutional Affairs of the European Parliament, 'A comparative study on the regime of surrogacy in EU Member States'. Beyond ethical and legal discussions, the practice of international surrogacy arrangements1 is developing, raising a number of issues of private international law and fundamental rights which have a direct impact on the lives of citizens. These issues include the determination of parentage, the civil status of the child, the child's nationality, the right to family life, and the merchandising of the human body and the commodification of the child. While family law in general and surrogacy in particular are mainly matters of national competence, the EU is empowered to act on those aspects having cross-border implications (see Article 81(3) of the Treaty on the Functioning of the European Union (TFEU)). Accordingly, the present briefing focuses on the legal consequences of the developing social practice, and aims to provide avenues for reflection on possible solutions at EU level. The 2013 study pointed out three major aims to be pursued should an EU legislation be adopted: certainty as to the legal parenthood of the child; the child's entitlement to leave the country of origin; and the child's entitlement to reside permanently in the receiving country. The possible need for EU action was discussed earlier in a study published by the Policy Department in 2010 ('Recognition of Parental Responsibility: Biological Parenthood v. Legal Parenthood, i.e. Mutual Recognition of Surrogacy Agreements: What is the Current Situation in the MS? Need for EU Action?'). More recently, the JURI committee asked the Policy Department to organise a Policy Hub on this topic: this took place on 16 June 2016. The present briefing builds on discussions held on that occasion, and aims to take stock of, firstly, current cross-border legal issues in the field, and, secondly, possible avenues to tackle these, both from an academic point of view and, more practically, by looking at current regulatory work carried out at international level.

Through a comparative review of eight legal systems, this book examines the legal aspects of parenthood and nationality following inter-country surrogacy arrangements and the influence of European and international human rights law on the determination of parentage, the establishment of nationality, and the prevention of statelessness, as well as identity rights, continuation of relationship rights, and, more broadly, child protection. The research considers whether national laws on parenthood and the establishment of nationality sufficiently protect the interests of the surrogate-born child, as well as the parties to a surrogacy arrangement in accordance with identifiable standards under European and international human rights law. Soft law and hard law recommendations are provided to protect the interests of these children. Thesis. *** Librarians: ebook available [Subject: International Law, European Law, Human Rights Law, Family Law, Children's Law, Comparative Law]

Where pregnancy is concerned, let every pregnancy be for everyone. Let us overthrow, in short, the “family” The surrogacy industry is estimated to be worth over $1 billion a year, and many of its surrogates around the world work in terrible conditions—deception, wage-stealing and money skimming are rife; adequate medical care is horrifyingly absent; and informed consent is depressingly rare. In Full Surrogacy Now, Sophie Lewis brings a fresh and unique perspective to the topic. Often, we think of surrogacy as the problem, but, Full Surrogacy Now argues, we need more surrogacy, not less! Rather than looking at surrogacy through a legal lens, Lewis argues that the needs and protection of surrogates should be put front and center. Their relationship to the babies they gestate must be rethought, as part of a move to recognize that reproduction is productive work. Only then can we begin to break down our assumptions that children “belong” to those whose genetics they share. Taking collective responsibility for children would radically transform our notions of kinship, helping us to see that it always takes a village to make a baby.