Download or read book Surrogacy Arrangements and Legal Parenthood written by Jane Stoll and published by . This book was released on 2013 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Surrogacy Arrangements written by Katarina Trimmings and published by Bloomsbury Publishing. This book was released on 2013-05-17 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Fundamental legal problems of surrogate motherhood Global perspective written by Piotr Mostowik and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2019-07-01 with total page 1066 pages. Available in PDF, EPUB and Kindle. Book excerpt: The observation that mater semper certa est remains accurate under most legal systems in the world. Maternity is defined as the personal status (filiation) of a woman who gave birth to a child. It is typically complemented by the fatherhood of the man from whom the child biologically originates (often quem nuptiae demonstrant). However, in some states, a kind of competitive way of acquiring the legal status of mother and father (or “homosexual parents A and B”) has been introduced via concluding a contract with a surrogate mother. Usually with a woman coming from poorer societies and with the assistance of professional intermediaries and organizers. The postulates to change substantive family law, or at least to recognize the effects of foreign law and procedures (a kind of “procreative tourism”), appear nowadays also in states generally prohibiting surrogate motherhood. The issues discussed in this volume concern both national law and international court cases. Recent examples include the opinion of the European Court of Human Rights of 10 April 2019 initiated by the French Cour de cassation, the judgement of the German Bundesgerichtshofof 20 March 2019, and dilemmas of Polish administrative courts. Focusing on the international perspective, the present volume as well as an accompanying book in Polish are the results of the international cooperation of over 30 experts from both member states and observer states of the Council of Europe. The monograph is structured “from the general to the detail” and includes a comprehensive view as well: from the issues of philosophy and sociology of law, to human rights standards of national constitutions and international agreements, to principles of ordre public of forum and their protection with measures of private, public, and penal law. This allows readers, including legislators and judges, the better understanding of the fundamental legal problems that surrogate motherhood brings, both in states where law creates them in a narrower or wider extent, and in other countries of the world, to which these problems can be imported with the movement of people and with de lege lata and de lege ferenda postulates.
Download or read book Research Handbook on Surrogacy and the Law written by Katarina Trimmings and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essential Research Handbook provides a multifaceted exploration of surrogacy and the law, examining a variety of critical yet under-researched perspectives including globalisation, power, gender, sexual orientation, genetics, human rights and family relations. It covers four distinct topics: surrogacy and rights, the interplay between surrogacy and different areas of the law, cross-border aspects, and regional perspectives.
Download or read book Modern Families written by Susan Golombok and published by Cambridge University Press. This book was released on 2015-03-12 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an expert view of research on parenting and child development in new family forms.
Download or read book Surrogate Motherhood written by Lawrence O. Gostin and published by Indiana University Press. This book was released on 1990-05-22 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: "... glimpses of intriguing changes in social arrangements and cultural understandings in relation to surrogacy. Disturbing motherhood indeed." -- New Scientist "Larry Gostin has put together the definitive collection of essays on one of the most perplexing and titillating topics in contemporary medical ethics. This book includes contributions from some of the leading scholars on the legal, ethical, and social aspects of surrogacy, as well as several critical perspectives on the famous Baby M case -- must reading for understanding the surrogate motherhood controversy." -- Robert M. Veatch "Highly recommended... " -- Choice "... a valuable resource for those concerned with an exceedingly difficult ethical, legal, and political problem."Â -- Ethics "There is a wealth of information here on the current 'status questionis' in the United States, and anyone involved in the surrogacy debate, in the U.S. or otherwise, will find working through this material very worthwhile." -- Canadian Philosophical Review "... an excellent sample of some of the best and most varied thinking so far on the numerous conceptual, moral, social, and policy questions raised by contract motherhood." -- The Journal of Clinical Ethics
Download or read book New Cannibal Markets written by Collectif and published by Éditions de la Maison des sciences de l’homme. This book was released on 2017-12-19 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Status of Children Arising from Inter country Surrogacy Arrangements written by Michael Wells-Greco and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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]
Download or read book Laws and Policies on Surrogacy written by Harleen Kaur and published by Springer Nature. This book was released on 2021-09-27 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Surrogacy Law and Human Rights written by Paula Gerber and published by Routledge. This book was released on 2016-03-03 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Surrogate Motherhood written by Martha A. Field and published by . This book was released on 1988-11-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Surrogate Motherhood written by South African Law Commission and published by . This book was released on 1992 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Surrogate Motherhood written by Rachel Cook and published by Bloomsbury Publishing. This book was released on 2003-06-24 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a multi-disciplinary collection of essays from leading researchers and practitioners,exploring legal, ethical, social, psychological and practical aspects of surrogate motherhood in Britain and abroad. It highlights the common themes that characterise debates across countries as well as exploring the many differences in policies and practices. Surrogacy raises questions for medical and welfare practitioners and dilemmas for policy makers as well as ethical issues of concern to society as a whole. The international perspective adopted by this book offers an opportunity for questions of law, policy and practice to be shared and debated across countries. The book links contemporary views from research and practice with broader social issues and bio-ethical debates. The book will be of interest to an international audience of academics and their students (in law, social policy, reproductive medicine, psychology and sociology), practitioners (including doctors, counsellors, midwives and welfare professionals) as well as those involved in policy-making and implementation.
Download or read book More Than Just a Baby written by Sarah Jefford and published by . This book was released on 2020-07-30 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Towards a Professional Model of Surrogate Motherhood written by Ruth Walker and published by Springer. This book was released on 2017-07-10 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delves deeply into modern surrogacy arrangements, responding to both practical and ethical critiques by offering a radically new model for surrogate motherhood. Current practice distinguishes between two models of surrogacy – the altruistic (unpaid) model and the commercial (paid) model, both of which present social, ethical, and conceptual challenges. This book proposes a novel arrangement for surrogate motherhood – the professional model. Inspired by professions, such as nursing, teaching, and social work, the professional model acknowledges the caring motives that surrogate mothers have while at the same time compensating them for their work. Walker and Van Zyl adopt an evidence-based approach to explain that the professional model enables trust between intended parents and surrogates, provides professional support at every stage of the relationship, affords legal protections against exploitation and commodification, and recognizes the rights and interests of all parties, including the intended baby. The model applies to both transnational and domestic surrogacy and will be of great interest to policy makers, social researchers, bioethicists, legal scholars, fertility professionals, clinicians, and graduate students in psychology, philosophy, medicine and ethics.
Download or read book A Practical Guide to the Law in Relation to Surrogacy written by Andrew Powell and published by . This book was released on 2020-11-16 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Laws and Policies on Surrogacy written by Harleen Kaur and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
