Download or read book Surrogate Motherhood written by Martha A. Field and published by Harvard University Press. This book was released on 2009-07-01 with total page 258 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 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 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 Surrogate Motherhood and the Politics of Reproduction written by Susan Markens and published by Univ of California Press. This book was released on 2007-09-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Susan Markens takes on one of the hottest issues on the fertility front—surrogate motherhood—in a book that illuminates the culture wars that have erupted over new reproductive technologies in the United States. In an innovative analysis of legislative responses to surrogacy in the bellwether states of New York and California, Markens explores how discourses about gender, family, race, genetics, rights, and choice have shaped policies aimed at this issue. She examines the views of key players, including legislators, women's organizations, religious groups, the media, and others. In a study that finds surprising ideological agreement among those with opposing views of surrogate motherhood, Markens challenges common assumptions about our responses to reproductive technologies and at the same time offers a fascinating picture of how reproductive politics shape social policy.
Download or read book Surrogate Motherhood and the Law written by Aneesh V. Pillai and published by . This book was released on 2015 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Ethics of Commercial Surrogate Motherhood written by Scott Rae and published by Praeger. This book was released on 1994 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study addresses the two most controversial issues in surrogate motherhood: the commercial aspect of the practice and the issue of parental rights. After setting the legal and moral backdrop of procreative liberty in general, Rae argues that commercial surrogacy is the moral equivalent of baby-selling and should be prohibited. Add to this the potential for exploitation of the surrogate in practices that are already in motion and it is not hard to see the potential for harm to the parties involved. The book concludes with a survey of state and international law to date on surrogacy and a sample legislative proposal that could be adopted by states that are currently deliberating the issues. The commercial aspect of surrogacy makes it a potentially profitable business, not only for the surrogates but also for the brokers who facilitate the arrangements. This book promotes careful forethought, a reconsideration of definitions of parenthood, and a thorough examination of cases past and pending.
Download or read book Motherhood and the Law written by Harry Willekens and published by Göttingen University Press. This book was released on 2019 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who is a child’s legal mother? Must a child have exactly one mother, can it have two or three, or can it have two fathers, but no mother? Or has the concept of motherhood become obsolete and should we just talk of parenthood in a gender neutral way? Questions such as these would have appeared esoteric only a few decades ago, but as a result of new social developments (such as frequent family reconstitutions, gay and lesbian emancipation or surrogacy) and of technological innovations (such as egg and embryo donations) they have become issues in a vehement debate. The interdisciplinary contributions to this book focus on the legal definition of motherhood, on the way in which legal conceptions structure the social discourse on motherhood (and vice versa), and on the influence of legal rules on power relations between mothers, fathers, children and the state. Among the issues addressed are - the challenges to our understanding of the legal regulation of motherhood by developments in reproductive medicine; - the challenges to our understanding of the legal regulation of motherhood by parental constellations deviating from the mother-father-model (single motherhood by choice, same-gender parenthood, multiple parenthood); - the exercise of parental rights in case of parental separation and the impact of legal rules on the bargaining positions of mothers and fathers.
Download or read book Birth Mother written by Elizabeth Kane and published by Houghton Mifflin Harcourt P. This book was released on 1988 with total page 320 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 Surrogate Motherhood and the Politics of Reproduction written by Susan Markens and published by Univ of California Press. This book was released on 2007 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an analysis of legislative responses to surrogacy in New York and California, the author explores how discourses about gender, family, race, genetics, rights, and choice have shaped policies aimed at this issue. She examines the views of legislators, women's organizations, religious groups, the media, and others.
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 200 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 Legal and Forensic Medicine written by Roy G. Beran and published by Springer. This book was released on 2013-09-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive reference text that examines the current state of Legal Medicine, which encompasses Forensic Medicine, in the 21st century. It examines the scope of both legal and forensic medicine, its application and study and has adopted a wide ranging approach including multinational authorship. It reviews the differences between and similarities of forensic and legal medicine, the need for academic qualification, the applications to many and varied fields including international aid, military medicine, health law and the application of medical knowledge to both criminal law and tort/civil law, sports medicine and law, gender and age related factors from obstetrics through to geriatrics and palliative care as well as cultural differences exploring the Christian/Judeo approach compared with that within Islamic cultures, Buddhism and Hinduism. The book looks at practical applications of legal medicine within various international and intercultural frameworks. This is a seminal authoritative text in legal and forensic medicine. It has a multi-author and multinational approach which crosses national boundaries. There is a great interest in the development of health law and legal medicine institutes around the world and this text comes in on the ground floor of this burgeoning discipline and provides the foundation text for many courses, both undergraduate and postgraduate. It defines the place of legal medicine as a specialized discipline.
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 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 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 Surrogacy laws A critical analysis written by Priyanka Kumari and published by BlueRose Publishers. This book was released on 2020-05-08 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Birth of Surrogacy in Israel written by D. Kelly Weisberg and published by . This book was released on 2005 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that explores the controversial dilemmas posed by surrogate motherhood--the practices that help infertile couples to have a biologically related child--and connects them to events that led to passage of a revolutionary surrogacy law in Israel. As D. Kelly Weisberg discusses the country's surrogacy legislation, passed in 1996, she reveals a unique regulatory scheme that blazes a trail for those who wrestle with the complex legal, medical, and ethical aspects of new reproductive technologies. At the same time, she illuminates the roles of key players in the enactment of that program--barren wives challenged the government, childless couples who participated in a lawsuit against the Israeli Parliament, the family law practitioner who championed the cause before the Israeli Supreme Court, the academics who served on the law reform commission, and the feminist legal scholar who drafted that commission's controversial recommendations. Surrogacy has led to the birth of more than 10,000 babies worldwide. Yet the practice challenges our notions of motherhood, fatherhood, family, and procreation. With surrogacy, the family has become a creation of the marketplace: children come into being as the product of contractual arrangements between perfect strangers. And serious disputes sometimes arise as a result. Conservative religious and political influences at play in Israel make it an unlikely setting for progressive reform; however, the Surrogate Mother Agreements Act catapulted Israel to the forefront of public attention as the only country where surrogacy is legal, remunerated, and government-supervised. No other law exists that is as comprehensive as Israel's. Weisberg examines the social forces that contributed to the law, documenting the clash between religious groups, which paradoxically favored a law on reproductive freedom, and feminist groups, which opposed it. She assesses the new law, discusses what other countries can learn from Israel's example, and explores its implications for the globalization of surrogacy. She also considers generally the role of religion and law in social change.
