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Some feminists hold that surrogacy contracts should be unenforceable or illegal because they contribute to and perpetuate unjust gender inequalities. I argue that in developed countries, surrogacy contracts either wouldn't have these negative effects or that these effects could be mitigated via regulation. Furthermore, the existence of a regulated surrogacy market is preferable on consequentialist grounds. [ABSTRACT FROM AUTHOR]

Gestational surrogacy is ethically complex, generating very different responses in law and policy worldwide. This paper argues that contemporary surrogacy law and policy, across many jurisdictions, fail to give sufficient attention to the significance of the relationship between the child and the gestational surrogate. This failure risks repeating the mistakes of historical, discredited approaches to adoption and donor‐assisted conception. This paper argues that proper recognition of the significance of gestation must be an organising principle in surrogacy law and policy. The paper begins by pointing to examples of surrogacy law and practice where the role of the gestator is unacceptably minimised, most notably the framing of the surrogate as a mere 'carrier'. It goes on to examine the nature of gestation, including consideration of contemporary scholarship on the metaphysics of pregnancy and emerging work in epigenetics, and argues that current evidence supports the view that the gestational relationship must be taken more seriously than it currently is. The paper then draws analogies with parenthood in donor‐assisted conception and adoption to argue that approaches to parental status in novel family formations that fail to promote transparency and seek to deny the truth of familial relationships are doomed to fail. The paper concludes by suggesting some implications for law and policy that flow from placing sufficient emphasis on the gestational role. The overarching thesis of this paper is that gestational surrogacy is ethically permissible when these fundamental requirements are adhered to, and that surrogacy law should proceed on this basis. [ABSTRACT FROM AUTHOR]

This case explores the legal and ethical considerations for pediatricians surrounding gestational carrier pregnancies in the United States. Because of high success rates for assisted reproduction, state laws supporting same-sex adoption and surrogacy, and established legal precedents, gestational carrier pregnancies are increasingly common. The case presented involves a gestational carrier in preterm labor at 30 weeks' gestation with malpositioned twins who declines a cesarean delivery. Three commentaries are presented. The first highlights the importance of understanding the ethical implications of gestational carrier pregnancies in prenatal counseling. The second commentary emphasizes the pregnant person's right to autonomy and bodily integrity, and discusses considerations in surrogacy pregnancies, including the authority to authorize a cesarean delivery, valid informed consent, and decision-making for neonates. The third commentary discusses autonomy, emphasizing the importance of contracts in surrogacy pregnancies, and suggests that, in the case of a conflict between the gestational carrier and the intended parent(s), the gestational carrier's preference should be decisive regarding medical care during pregnancy. These discussions highlight key concepts for ethically informed and family-centered care in gestational carrier pregnancies and deliveries. [ABSTRACT FROM AUTHOR]

A number of countries and states prohibit surrogacy except in cases of "medical necessity" or for those with specific medical conditions. Healthcare providers in some countries have similar policies restricting the provision of clinical assistance in surrogacy. This paper argues that surrogacy is never medically necessary in any ordinary understanding of this term. The author aims to show first that surrogacy per se is a socio-legal intervention and not a medical one and, second, that the intervention in question does not treat, prevent, or mitigate any actual or potential harm to health. Legal regulations and healthcare-provider policies of this kind therefore codify a fiction—one which both obscures the socio-legal motivations for surrogacy and inhibits critical examination of those motivations while mobilizing normative connotations of appeals to medical need. The persisting distinction, in law and in moral discourse, between "social" and "medical" surrogacy, is unjustified. [ABSTRACT FROM AUTHOR]

The article analyzes parentage assumption laws in relation to surrogacy, its real-life application, consequences, and adaptation to modern changes in family structures. It explains the historical evolution of parentage assumption laws and outlines scientific developments in assisted reproductive technology and surrogacy. It compares parentage and surrogacy laws in several countries including India and South Africa and offers update on changes in parentage assumption laws.

Surrogacy operates in a regulatory void in Argentina. Despite attempts to legislate this practice, Argentine law contains no univocal rules governing the legality and enforceability of surrogacy agreements. Unsurprisingly, this has not stopped intended parents from pursuing surrogacy; quite the contrary, it has steered them into the courts, thrusting the issue into the realm of judicial policy. Through a comprehensive review and qualitative study of 32 court rulings, I address the judicial scenario regarding surrogacy in Argentina. I describe the profile of litigants who are bringing altruistic gestational surrogacy claims, the legal arguments used by courts, and the types of orders issued. I explain how the judiciary, through judicial review of the current legal framework and the application of international human rights law, including the principle of the best interests of the child, is playing a key role in ensuring access to this form of third-party assisted reproductive technology. Finally, I make the case for regulation by critically assessing these rulings to highlight the intricacies, challenges, and complexities that come with the judicial regulation of surrogacy. [ABSTRACT FROM AUTHOR]

This article delves into the expansion of procreative freedom in relation to assisted reproductive technologies (ARTs) in South African law, with reference to three seminal cases. In the case of AB v. Minister of Social Development, the minority of the South African Constitutional Court held that the constitutional right to procreative freedom is applicable to ARTs. Importantly, both the minority and the majority agreed on the principle of procreative non-maleficence--the principle that harm to the prospective child constitutes a legitimate reason to limit the procreative freedom of the prospective parents. Following this, Ex Parte KF2 clarified the concept of the "prospective child" as relating to an idea, rather than an embryo. Finally, in Surrogacy Advisory Group v. Minister of Health, the controversial issue of preimplantation sex selection for non-medical reasons was examined. The court confirmed that the use of ARTs falls within the ambit of procreative freedom. While holding that preimplantation sex selection for non-medical reasons is inherently sexist, the court found that a woman's right to procreative freedom--including the sex identification of an in vitro embryo--outweighs other considerations. These landmark cases establish a robust groundwork for a progressive reproductive law in South Africa. [ABSTRACT FROM AUTHOR]

Vulnerability is a pivotal concept for understanding transnational commercial surrogacy and the ethics of reproductive travel. While implicitly recognizing vulnerability as important, existing scholarship falls short of understanding the dynamism of vulnerability. Placing our empirical analysis in conjunction with the rich theoretical literature on this concept, we explore vulnerability in surrogacy arrangements in India as a "mode of openness," defined by its multilayeredness and context specificity. We focus on two retellings of vulnerability. In the first narrative, we analyse the journey of an intended parent who becomes an agent, while in the second narrative, we focus on the trajectory of a surrogate and egg donor becoming an agent. In both narratives, the layers of vulnerability across different interconnected circuits of reproduction—of intended parent, agent, and surrogate—are explicated. Our analysis illustrates the complex and conflicting meanings of vulnerability and illustrates vulnerability as an instigator of agency and resistance; how it can propel upward social mobility and animate attempts to transform an unjust system, but also how such individual agency and empowerment may serve to uphold exploitative relationships. [ABSTRACT FROM AUTHOR]

Solith Dakota, like many states, lacks any legislation regulating gestational surrogacy. For over thirty years, South Dakota intended parents and surrogates have worked together without judicial case or controversy. Good ./brtune, however, cannot last fbrever. Despite the introduction of several bills over the years, the South Dakota Legislature has jhiled to pass any regulation of surrogacy. This article surveys surrogacy best praclices, as well as the law of other states, focusing particularly upon eligibility to participate in a surrogacy agreement, the requirements of a valid surrogacy agreement, and the establishment of parental rights in surrogacy cases. Ultimately, this article concludes that South Dakota should pass the legislation proposed here. [ABSTRACT FROM AUTHOR]

Background: Little is known about the acceptance of specific populations of decision makers in Lebanon regarding surrogacy. This study aimed to explore the acceptance and attitude of Lebanese Lawyers and Medical Students regarding surrogacy. Methods: In total 248 medical students and 204 lawyers completed a questionnaire to assess socio-demographic data, attitude toward surrogacy, and three different clinical scenarios to assess patterns of thinking. Finally, we validated a scale to assess the acceptance of surrogacy in these two populations. Results: Concerning medical students, 54.8% reported they were supportive of surrogacy, 35.1% were neutral and 10.1% were against. For lawyers, 52.9% were supportive, 25% were neutral and 22.1% were against. Lawyers were more likely to be against surrogacy (p = 0.001). After conducting a multivariate analysis on the whole studied population to find predictors of acceptance of surrogacy, the best predictors were being single (OR 0.415; 95% CI 0.228, 0.753; p < 0.01), a supportive reported attitude regarding surrogacy (OR 5.464; 95% CI 3.65, 8.13; p < 0.001) and believing that surrogacy is a solution worth discussing in Lebanon (OR 4.186; 95% CI 1.709, 10.256; p < 0.01). Concerning the clinical scenarios, they showed that lawyers were more likely to oppose abortion regardless of the reason (p < 0.01). Also, in a case of gestational surrogacy, lawyers were more likely to give the right to the gestational carrier to keep the baby compared to medical students (p < 0.001). Conclusion: In conclusion, this study shows that only a minority of medical students and lawyers in Lebanon oppose surrogate pregnancy which warrants exploration of the perspective of other populations of decision makers in Lebanon to better guide legislations. [ABSTRACT FROM AUTHOR]

In 2003 and 2004, Aotearoa New Zealand enacted two key laws that regulate two very different ways in which the female body may be commodified. The Prostitution Reform Act 2003 (PRA) decriminalized prostitution, removing legal barriers to the buying and selling of commercial sexual services. The Human Assisted Reproductive Technology Act 2004 (HART Act), on the other hand, put a prohibition on commercial surrogacy agreements. This paper undertakes a comparative analysis of the ethical arguments underlying New Zealand's legislative solutions to prostitution and commercial surrogacy. While the regulation of prostitution is approached with a Marxist feminist lens with the aim to ensure the health and safety of sex workers, commercial surrogacy is prohibited outright for concerns of negative impacts on present and future persons. I ground the principles of each Act in their ethical foundations and compare these two against one another. I conclude that New Zealand's legislative approach to regulating the commodification of the female body is ethically inconsistent. [ABSTRACT FROM AUTHOR]

This article examines the United Kingdom Supreme Court decision in Whittington Hospital NHS Trust v XX [2020] UKSC 14. The case centred on whether damages could be awarded for the cost of a commercial surrogacy arrangement in California, following clinical negligence by the hospital that left the plaintiff unable to carry her own children. After examination of this case, the article outlines and compares the United Kingdom and Australian surrogacy laws. It then discusses how a similar case would be decided in Australia and argues that the result would be the same in some Australian States. It also discusses the concept of reproductive autonomy and the importance of this concept when considering cases involving the loss of fertility. [ABSTRACT FROM AUTHOR]

At least several thousand children are born annually as a result of surrogacy arrangements. In theory, the intended parents and the surrogate negotiate contractual terms and subsequently execute an agreement outlining each party's respective rights and duties. Ultimately, the intended parents receive the joy of having a child and the surrogate receives monetary compensation for carrying the child. In practice, however, disputes between parties inevitably arise regarding the expected child's medical care, legal parentage, and surrogate compensation. For the past thirty years, New York State statutorily banned all surrogacy agreements. Not only were surrogacy agreements void and unenforceable as contrary to public policy, but parties to these agreements faced civil and criminal penalties, including imprisonment. But recently New York's law radically changed. On February 15, 2021, New York State enacted the Child-Parent Security Act (CPSA), lifting the ban on compensated gestational surrogacy agreements. The CPSA transformed New York into one of the most--if not the most--surrogacy-friendly states. The CPSA codifies novel provisions unlike any other state's laws: it creates an unalterable Surrogates' Bill of Rights, it requires licensure for surrogacy agencies, it enumerates eligibility requirements for intended parents and surrogates, and it implements a consent-based standard to establish legal parenthood of surrogacy-born children. A comprehensive analysis of state surrogacy legislation--namely New York, Michigan, and Wisconsin laws--underscores this Comment's assertion that the CPSA creates the gold-standard approach to protect all parties in compensated gestational surrogacy agreements. Though Michigan and Wisconsin each have distinct surrogacy laws, the legislative effect is the same: both states' laws exacerbate surrogate exploitation and preclude clear paths to establish legal parentage of surrogacy-born children. By contrast, the CPSA eliminates exploitation by codifying surrogates' rights and streamlines the process to establish parentage by expanding the traditional definition of "parent." The CPSA exemplifies model legislation for regulating and enforcing gestational surrogacy agreements; this New York State (of mind) approach should be adopted nationwide. [ABSTRACT FROM AUTHOR]

Surrogacy has increased globally due to the development of medical technology. In light of the abolition of the one-child policy in China, demand for surrogacy among Chinese citizens has increased, especially in single-child families that would like a second child but worry about childbearing at an advanced age. Meanwhile, highly educated women tend to have children at an advanced age. Hence, the need for surrogacy has risen. However, current policies and laws in China prohibit surrogacy, resulting in a domestic black market and people seeking international surrogacy. This article surveys legal and judicial practices in China and attempts to forecast whether China is likely to explicitly prohibit or legitimize surrogacy in the short term. [ABSTRACT FROM AUTHOR]

This article discusses the topic of surrogacy and its impact on surrogate-born infants and their families. It highlights the ongoing debate and controversy surrounding surrogacy laws and regulations, particularly in the UK. The article argues for a shift in perspective to view surrogacy within a child and family framework, emphasizing the importance of considering the well-being and long-term outcomes for the children involved. It also raises concerns about the lack of research on surrogacy and the need for more evidence-based approaches to support surrogate families. [Extracted from the article]

The social evolution of the concept of "the family" and changes in attitudes towards homosexual couples have expanded the range of people permitted to gain access to assisted reproduction technologies, encouraging the creation of blended families. "Reception of Oocytes from Partner" (ROPA) is a treatment that permits female couples to become active participants in the reproductive process and have a biological connection to their child. This article reports a case of transnational shared motherhood, in which the Italian Supreme Court (Application no 19599, Supreme Court of Cassation, First Civil Chamber, 2016), dealt for the first time with a same-sex couple's request concerning the recognition of a legal child-relationship with a child conceived through in vitro fertilisation with ROPA. Although Italian law bans assisted reproduction technologies for same-sex couples, the Court acceded to the request of the couple on the basis of its evaluation of what was in the best interests of the child. [ABSTRACT FROM AUTHOR]

This report focuses on surrogacy in Thailand which is increasingly popular with infertile and childless couples, gay couples, individuals, and even celebrities who want children later in life. However, the debate regarding surrogacy continues. It is not widely accepted in various cases, particularly in its commercial form which is banned in many countries. However, such arrangements are still reported to be active irrespective of the ban, and in Thailand in particular. This article proposes that surrogacy legislation needs revision to enforce the current ban on commercial surrogacy. [ABSTRACT FROM AUTHOR]

Gestational surrogacy in the United States has quadrupled since 1999, but to date, only a few states explicitly permit compensated gestational surrogacy. Current legal prohibitions are often influenced by outdated and stereotyped understandings of surrogacy. It is increasingly important to understand the current literature about the medical and mental health impacts of surrogacy and how state legislatures have addressed compensated gestational surrogacy in recent years. Based on this review, we found no evidence of substantial adverse medical or psychological outcomes among women who are gestational carriers or among the children they give birth to. The literature suggests that gestational surrogacy is a safe and increasingly popular option for families as long as rigorous screening and medical, psychological, and social supports are equitably provided. As states move to responsibly legalize and regulate gestational surrogacy, there is a continued need for further longitudinal studies on the health and psychological outcomes of gestational surrogacy. [ABSTRACT FROM AUTHOR]

Aim. The aim of this paper is to present alternative ways for women with uterine factor infertility to achieve motherhood. Material and methods. Analysis of professional literature including the issues of surrogate motherhood, uterine transplantation and ectogenesis. Results. The infertility caused by uterine factor affects 3-5% of women in the world. There are also women who wish to conceive a baby out of their own genetic material, despite having a structurally abnormal uterus or lacking this organ altogether. Due to considerable advancements in reproductive medicine, the needs of such women can now be met via extracorporeal fertilisation and embryo implantation into the uterine cavity of another woman – surrogacy, or in special cases, via uterus transplantation. Another controversial concept is ectogenesis, i.e. technology which would allow for the growth of human embryos outside the mother's body in an artificial uterus. The surrogate is considered when treatment and other reproduction methods have not worked well. This procedure is legal and accepted in some countries, while in others it is strongly opposed. Conclusions. There is growing demand for accurate and modern diagnostic and therapeutic methods allowing for successful reproduction. The proposed solutions may seem unreal, but the results of the research carried out to embody them seem to be promising. [ABSTRACT FROM AUTHOR]

This study aimed to explore UK intending parent's reasons for cross-border and domestic surrogacy, their preparations for the birth and the practical and legal challenges faced after the birth. An online survey was completed by 203 participants, of which 132 had a child born through surrogacy, 33 were in the process of surrogacy and 38 were planning a surrogacy arrangement. The most common reason for pursuing surrogacy in the UK was wanting a relationship with the surrogate (43%; n = 17) and for conducting surrogacy in the USA was because of a better legal framework (97%; n = 60). Parents returning to the UK from countries other than USA experienced greater delay and difficulties in obtaining the necessary documents for their return. This study highlights the disparities in parents' experiences of undergoing surrogacy in different countries, the frustrations some face in obtaining legal parenthood and the feelings of stress and anxiety this may cause. Whilst this is the first study comparing the experiences of people from the UK having surrogacy in different countries, the representativeness of the sample is unknown. The findings are important in identifying future directions for research, including assessing the impact of these early decisions and experiences for later parental wellbeing and children's welfare. [ABSTRACT FROM AUTHOR]

A consideration of the concept, law and practice of surrogacy, and the merits and demerits of the concept. A discussion of payments, foreign surrogacies, delay in finality, and the need for control and regulation. [ABSTRACT FROM AUTHOR]

This Essay examines the regulation of pregnancy through a less commonly explored lens--surrogacy legislation. Initially, the dominant position of feminist advocates was to understand the practice of surrogacy as antithetical to women's equality and reproductive autonomy. Due in part to their active and persuasive involvement, the early legislative trends tracked this position; most of the legislation enacted in the 1980s and early 1990s banned surrogacy. By the mid-1990s, however, the legislative tide turned. All of the comprehensive surrogacy statutes enacted since that time permit and regulate surrogacy. This shift was due in part to a growing sense among some feminists and others that permitting surrogacy can promote the goals of liberty and equality. At times, however, too little attention was paid to the details of these permissive surrogacy schemes. As a result, permissive surrogacy statutes in some states may undermine these aims. This Essay focuses on one such type of statute: surrogacy provisions that authorize potentially sweeping control over the lives, bodily integrity, and decision making of people acting as surrogates. For example, a number of permissive surrogacy schemes expressly authorize contract clauses that require people acting as surrogates to undergo risky and invasive medical procedures over their clearly stated, contemporaneous objection. But such schemes are not inevitable. This Essay concludes by highlighting recent examples that illustrate how permissive surrogacy legislation can foster, rather than impede, the ability of people to control decisions about their own bodies. [ABSTRACT FROM AUTHOR]

As gestational surrogacy (a process by which intended parents contract with a woman to carry a fetus that the intended parents will raise) increases across the United States, it is imperative that obstetrician/gynecologists understand the unique nuances of caring for patients who are gestational surrogates. Gestational surrogacy offers a route to parenthood for individuals and families who may otherwise have limited options. Understanding surrogacy requires multiple ethical considerations about the potential medical and psychosocial effects on gestational surrogates as well as the families built through surrogacy. There is a dearth of research on the subject, particularly in the United States and other countries that practice compensated surrogacy. Here we seek to review the process of gestational surrogacy in the United States, including the legal landscape, current trends in gestational surrogacy use, and what is known about the medical and social effects of this process on all participants. We also aim to highlight the limitations of available data and to identify topics for future research to provide optimal evidence-based and just care for these patients. [ABSTRACT FROM AUTHOR]

This article is a conversation between two academic experts, Callie Rennison and Nikki Jones, who endeavor to sum up what has been accomplished in eliminating violence against women in the United States during the 25 years of the journal's existence. Domestic violence, rape, and sexual harassment are discussed. Although prevalence rates are down in domestic violence, rape and sexual harassment remain persistent problems. Looking at violence against women from an analysis of President Trump voters in the 2016 U.S. presidential election, Rennison and Jones observe the extent to which the current ideas and attitudes of women—both young and old—will need to change before violence can be eliminated. Rather than viewing events in the United States as totally negative, they see them as presenting new opportunities for greater understanding of violence against women and for new methods of prevention and perpetrator accountability. [ABSTRACT FROM AUTHOR]

Altruistic surrogacy among close relatives has been legal in Vietnam since the beginning of 2015. Following the revision of the Marriage and Family Law, there have been dozens of cases of surrogacy, and instances of successful pregnancy and childbirth have also been reported. Although surrogacy was completely prohibited in 2003, numerous local brokers offered commercial surrogacy services. Today, surrogacy is permitted under very limited conditions, and commercial surrogacy is prohibited. However, brokers continue to offer illegal commercial surrogacy services, and some even present its incidence may be increasing. In terms of women's roles, Vietnamese society places the highest value on motherhood, and childless couples are stigmatized. Thus, the demand for surrogates is high in Vietnam, rendering it difficult for family members to meet the needs of all those seeking these services. This article considers the consequences and implications of the new surrogacy policy in Vietnam based on field research. [ABSTRACT FROM AUTHOR]

Background and Objectives: Surrogacy is a legal solution to infertility treatment. However, the lack of a clear and rational law has created challenges in the application of this solution. The purpose of this study was to investigate the legal practices and gaps in terms of infertility treatment with surrogacy in Iran. Methods: This review study utilized documentary method carried out through the assessment of books, articles, uniform judicial precedent votes, and valid judicial procedures. Results: Use of a surrogacy contract is permissible under civil law. However, the existence of uncoordinated and sometimes unreasonable judicial procedures has caused many problems in practice. According to the evidence, the establishment of commercial or noncommercial contracts, based on the agreement of the infertile couple and the surrogate mother, has resulted in the emergence of a black market and uterine brokers, as well as unusual costs. Failure to issue a certificate for a genetic mother is another legal anomaly that can lead to crime commitment genetic parents can only register by providing evidence regarding their biological relationship with the neonate. On the other hand, the number of surrogacy applicants is higher than surrogate mothers. This results in the use of surrogate mothers over the age of 35 years, which increases the risk of high-risk pregnancy for the mother and fetus. Other challenges in this domain include alimony payment, pregnancy expenses, and the possibility of extortion. Conclusion: Therefore, the adoption of the same law and procedure, adherence to ethical principles, and rejection of any out-ofcontract changes can facilitate infertility treatment, reduce costs for applicants, and satisfy both parts of the surrogacy contract. [ABSTRACT FROM AUTHOR]

Focusing on the UK as a case study, this article argues that having the choice to enter into an international commercial surrogacy arrangement can be harmful, but that neither legalisation nor punitive restriction offers an adequate way to reduce this risk. Whether or not having certain options can harm individuals is central to current debates about the sale of organs. We assess and apply the arguments from that debate to international commercial surrogacy, showing that simply having the option to enter into a commercial surrogacy arrangement can harm potential vendors individually and collectively, particularly given its sexed dimension. We reject the argument that legalizing commercial surrogacy in the UK could reduce international exploitation. We also find that a punitive approach towards intended parents utilizing commercial rather than altruistic services is inappropriate. Drawing on challenges in the regulation of forced marriage and female genital cutting, we propose that international collaboration towards control of commercial surrogacy is a better strategy for preserving the delicate balancing of surrogate mothers' protection and children's welfare in UK law. [ABSTRACT FROM AUTHOR]

Surrogacy is a controversial issue and most particularly when well-known celebrities have used it. It is a boon for couples where normal pregnancy is not possible but can be used for commercial exploitation. The Government of India passed a law on surrogacy in December 2018, which introduced many changes to the pre-existing rules, in particular, it bans commercial surrogacy and curtails the freedom of foreigners to apply for surrogacy in India. This has dealt a major blow to the agencies who organised surrogacy for foreigners. A key reason for passing this law was the unjust treatment of the women who provided surrogacy services. They had poor living conditions and often failed to receive the money that was paid by the intended parents to the agency. 2 There are some countries where commercial surrogacy is legal, including some states in the United States of America, Poland, Russia and many others. 3 Some surrogate mothers suffer complications from the assisted reproductive technologies used; these mainly include ectopic pregnancy, psychological stress and ovarian hyper stimulation syndrome. 4 Same sex couples, single parents and even infertile women should be encouraged to adopt children. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Antropología Social is the property of Universidad Complutense de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This study examined surrogate women’s perceptions on the Indian ban on international surrogacy. In-depth interviews were conducted with 25 surrogate women at a fertility clinic in Gujarat, India. Three themes emerged: (1) perceptions of the ban; (2) impact of the ban on surrogates, international couples, and fertility clinics; and (3) long-term economic results of surrogacy. Women stated that international surrogacy should not be banned, because it provides substantial economic benefits. They also noted that the ban affects childless couples and clinics by cutting off a source of income. This research provides recommendations for social work action. [ABSTRACT FROM AUTHOR]

Assistive reproductive technology has progressed significantly over the past few decades. In spite of the advances, people may still resort to a surrogate for bearing and birthing a baby. Surrogacy, though an altruistic act, has been commercialized in the past few years, leading to emergence of several ethico-legal concerns. Nurses care for the surrogates, the infants, and the intended parents through their journey with sensitivity, advocacy, compassion, and confidentiality. This article intends to explore the implications of surrogacy to individuals, families, nations, and health care. [ABSTRACT FROM AUTHOR]

Copyright of European Journal of Social Work is the property of Routledge and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The new reproductive technologies have significantly impacted definitions of motherhood. Historically, mothers were defined through the act of giving birth, but egg donation, embryo donation, and surrogacy disrupt this. Now multiple women can potentially claim maternity through gestational, genetic, legal, and social ties. Although there is some legal precedent for designating parentage, there is no simple solution to identify the 'true' mother. I address maternal claims-making in third party reproduction via a content analysis of US patient literature for infertile women. Major tensions arise over which link to privilege, especially regarding genetic versus gestational ties in egg donation versus surrogacy; however, adding embryo donation to the analysis illuminates another crucial dimension previously overlooked - that heterosexual women's maternal claims are supported by their partner's paternity claims. Ultimately, I argue that although reproductive organisational discourse carefully constructs credible options for maternal claims-making, contemporary reproductive medicine does not define maternity through assisted reproduction as a truly autonomous connection. Rather, maternity is highly contingent and thus potentially discreditable. [ABSTRACT FROM AUTHOR]

Background: One of the most controversial issues related to the human embryo is the determination of the moment when an embryo is considered a human being and acquires a moral status. Although personhood and moral status are frequently mentioned in medical ethics, they are considered interdisciplinary as concepts that shape the debate in medical law (fiqh) since their consequences are influential in the way which the parents and other individuals behave towards the embryo. Materials and Methods: This analytical-descriptive research gathered relevant data in a literature search. After a description of the fundamentals and definitions, we subsequently analyzed juridical texts and selected one of the viewpoints that regarded the surrogacy contract revocation. Results: The surrogacy contract is a contract based upon which two sides (infertile couple and surrogate mother) involved in making the contract are obligated to fulfill its terms. Therefore, contract revocation can be surveyed from three perspectives: mutual revocation (iqala), legal unilateral wills (khiar al-majlis, khiar al-ayb), and contractual wills (khiar al-shart). Conclusion: Revocation of a surrogacy contract either by the genetic parents, surrogate or the fertility clinic is allowed by Muslim jurists only when the embryo lacks personhood. Based on Islamic teachings, the termination of a surrogacy contract in and after the sixteenth week of pregnancy, when the embryo acquires a human soul (ensoulment), is not allowed. However religious thought emphasizes the moral status of the fetus before the sixteenth week and states that optional termination of the surrogacy contract is not permitted while the fetus becomes a human being. [ABSTRACT FROM AUTHOR]

Mother surrogacy in and of itself, as a procreative technique, poses a series of social, ethical and legal problems, which have been receiving widespread attention. Less prominent but equally important is the implementation of national surrogacy policies in private international law. The article isolates the key ethical challenges connected with surrogacy. It then moves on to show how, in private international law, the public policy exception works as a vehicle to shield national prohibitive policies against international system shopping and how it continues to do so precisely in the best interest of the child. Rather than recognizing foreign surrogacy arrangements, national legislators with intellectual support by an EU model law, should focus on adoption reform in order to re-channel intended parents’ demand for children. [ABSTRACT FROM PUBLISHER]

Advances in reproductive medicine have provided new, and much needed, hope for millions of people struggling with infertility. Gestational surrogacy is one such development that has been gaining popularity with infertile couples, especially those unable to benefit from other reproductive procedures such as In Vitro Fertilization. For many Muslim couples, however, surrogacy remains a nonviable option. Islamic scholars have deemed the procedure incompatible with Islam and have prohibited its use. This paper examines the arguments presented for proscribing surrogacy arrangements in Sunni Islam in particular. These include preservation of lineage, exclusion of third parties in reproduction, upholding the rights of the child, and protection from the negative effects of surrogacy arrangements. The rationales for banning surrogacy are subsequently refuted utilizing Islamic law "Sharia", bioethics, and medical evidence. The paper also presents reasons for why surrogacy is not only consistent with Sunni Islamic teachings, but is also both ethically justified and medically necessary. Lastly, Islamic scholars are urged to take into account the arguments presented in this paper and reconsider their rulings on the permissibility of surrogacy. [ABSTRACT FROM AUTHOR]

Since 2004, the regulation of assisted reproduction in Italy has undergone substantial reform as an effect of key judicial intervention. Limitations on embryo production, screening and transfer, the prohibition against engaging in preimplantation genetic diagnosis (PGD) and embryo selection, and the ban on gamete donation have all been removed by courts. In this article, I discuss how judicial intervention has improved the ability of Italian couples to access assisted reproduction technologies (ARTs), and how the expansion of reproductive rights is, however, still incomplete. In particular, I discuss the challenges in implementing the liberalisation of gamete donation, and identify the practical, political and cultural reasons for limited access to gamete donation. I also discuss the future of the prohibitions and restrictions that still exist in Law 40/2004. [ABSTRACT FROM AUTHOR]

Some pregnancies today involve infertile individuals or couples who contract with a fertile woman to carry a pregnancy for them. The woman who carries the pregnancy is referred to as a "gestational carrier." The use of such arrangements is increasing. Most of the time, these arrangements play out as planned; sometimes, however, problems arise. This article discusses a case in which a fetal diagnosis of spina bifida led the infertile couple to request that the gestational carrier terminate the pregnancy, and the gestational carrier did not wish to do so. Experts in the medical and legal issues surrounding surrogacy discuss the considerations that should go into resolving such a conflict. [ABSTRACT FROM AUTHOR]

The question of surrogacy has dominated much of the European human rights agenda over the last two years, at the time writing, the Parliamentary Assembly of the Council of Europe hopes to adopt a resolution on surrogacy in the coming months. There is, however, danger in taking action at a supranational level to address the European ‘surrogacy problem’, without first honestly answering the question: does surrogacy undermine the human dignity and rights of the surrogate mother and child? This paper presents the case that surrogacy, by its nature, necessarily undermines the human dignity of both the woman and child born through such arrangements, and thus neither commercial nor altruistic surrogacy can ever be justified. [ABSTRACT FROM AUTHOR]

A surrogate mother is a woman who agrees to carry a baby of someone else and becomes pregnant using some form of assisted reproductive technology. The commercial surrogacy which was legalized in India in the year 2002 had to be banned when it gave rise to a booming industry of foreign surrogacy requirements and fertility tourism. However, after the Union Cabinet cleared the draft Surrogacy Regulation Bill 2016 on 24th of August 2016, it received a severe backlash immediately being cited as discriminating and draconian with need for a critical analysis on medico-legal, social and ethical grounds. The salient features of the draft bill with critical analysis are being discussed in this paper. [ABSTRACT FROM AUTHOR]

The article examines how the U.S. and other countries have dealt with a lack of regulation related to surrogacy and responds to criticism that commercial surrogacy is exploitive. Topics discussed include constitutional challenges to surrogacy laws in the U.S.; impact of legalizing the gestational commercial surrogacy at the federal level; and the country's need of adopting a combination of Israel's and Ukraine's models with intent-based parentage.

The article focuses on the legality regarding the ban on commercial surrogacy in Thailand with the commercialization of children, and continuation of placing commissioning parents in limbo. It mentions that American Bar Association Model Act Governing Assisted Reproductive Technology to regulate commercial surrogacy to affords protections to all parties. It also mentions that detrimental effects a complete ban on commercial surrogacy will have on Thai surrogate mothers.

Rabbinic authorities are debating who is the halakhic (Jewish legal) mother of a child born by gestational surrogacy, wherein one woman donated the ovum and another woman carried the pregnancy and gave birth. For instance, the author of this article differs in approach from two other authors in this volume. Torah-observant couples are availing themselves of the new technologies, and it is essential that they seek appropriate halakhic guidance and supervision before embarking on such assisted reproduction technologies. [ABSTRACT FROM AUTHOR]

The article discusses the growing trend of surrogacy with growing number of women facing pregnancy challenges including laws in many countries which allows commercial surrogacy contracts while in some countries it is restricted to altruistic surrogacy, while some laws like that of Quebec does not support any form of surrogacy.

This article adopts a child-centred approach to the vexed issue of commercial surrogacy. These arrangements are prohibited throughout Australia. Nevertheless, Australians are travelling overseas and entering into commercial surrogacy arrangements. This article addresses the dilemma confronting the Family Courts when the commissioning parents and the child return to Australia. Should the Family Courts make parenting orders enabling the commissioning parents to raise the child? Alternatively, should they make parentage orders legally recognising the commissioning parents as the child's parents? After exploring the existing legislative structure and its application, the interest theory of children's rights is utilised to justify changes to the law so that the commissioning parents are regarded as the child's legal parents. [ABSTRACT FROM AUTHOR]

The criminal ban on commercial surrogacy across Australian jurisdictions is the result of the conflation and confusion of two flawed assumptions. The first being that the criminalisation of commercial surrogacy will discourage a surrogacy "industry" and the second that commercial surrogacy and altruistic surrogacy are two distinguishable "types" of surrogacy arrangements. This article argues that the criminalisation of commercial surrogacy has resulted in unforeseen and undesirable consequences, removing opportunity for evidence-based law reform. Moreover, analysis of both the approach of Australian courts and the operation of surrogacy legislation suggests that the binary regulatory approach which distinguishes "commercial" from "altruistic" surrogacy is a legal fiction. In summary, this article argues that the current Australian regulation of surrogacy is both blunt and ineffectual, surrogacy is a nuanced and complex practice which requires a regulatory response which is principled, holistic and evidence based. [ABSTRACT FROM AUTHOR]

In 1985, when Kim Cotton became Britain's first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science, and commerce. These two cases exemplified the debate regarding domestic surrogacy--a debate that has now been raging for decades. A new ethical and legal debate has emerged concerning international surrogacy agreements. One aspect of this debate, which I will explore in this Article, is that international surrogacy requires a more robust regulatory regime. I will articulate a variety of solutions to effectuate this regulatory regime and will enumerate the advantages and disadvantages of these solutions. Against this background, I propose a Hague international convention to regulate international surrogacy agreements, similar to the existing Hague Convention on Protection of Children and Cooperation in Respect of Inter-country Adoption. Notwithstanding my support for a Hague convention, this alone will be insufficient to address some of the issues raised by international surrogacy. Therefore, domestic regulation similar to the proposed 2010 Indian Assisted Reproductive Technology (Regulation) Bill and Rules or Israel's 2012 expert committee recommendations and 2014 proposed regulation should be implemented. [ABSTRACT FROM AUTHOR]

The study summarizes opinions of 7504 representatives of the medical community on organizational issues of surrogacy programs, rights, and responsibilities of their participants. Although Russian lawyers are yet to consolidate in developing the surrogacy legal framework, health professionals think that legal aspects are crucial. Almost all health professionals believe that surrogate mothers and contracting parents should be offered a lawyer before making a decision on surrogacy to explain the rights, obligations and responsibilities (92.6%). The majority consider that surrogacy can be used by couples in which a woman cannot give birth for medical reasons (81.0%) and that the surrogate mother should have the right to psychological support after the childbirth and weaning (87.8%). One-fifth of the respondents have no definite opinion on the remaining issues. The majority of the respondents believe that surrogacy should not be funded by the state and genetic parents have to pay for surrogacy; Russia should allow altruistic surrogacy (assistance to friends or relatives); and priority rights for a newborn are held by contracting parentscustomers: the contracting parents have the right to request prenatal diagnostics during pregnancy and abortion in case of the detected pathology. Health professionals are hesitant to determine whether the surrogate mother can renegotiate the contract and choose an abortion. Unlike lawyers, health professionals consider it possible for single men to use surrogacy. According to the respondents, during pregnancy and childhood, decisions regarding lifestyle, hospitalization and methods of delivery should be made only in conjunction with specialists from the medical organization that signed the contract. Significant variations by region in the response structure suggest that socio-economic differences, diversities in culture and traditions in these issues have a greater impact on the opinion about surrogacy rather than professional experience. Key messages: Unlike lawyers, health professionals consider it possible for single men to use surrogacy technology. The majority of the respondents consider that surrogacy can be used by couples in which a woman cannot give birth to a child for medical reasons. [ABSTRACT FROM AUTHOR]