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| Author | : University of Chicago. Law School. International Human Rights Clinic |
| Publisher | : |
| Total Pages | : 109 |
| Release | : 2019 |
| Genre | : Children |
| ISBN | : |
| Author | : Karen Smith Rotabi |
| Publisher | : Routledge |
| Total Pages | : 178 |
| Release | : 2016-12-12 |
| Genre | : Social Science |
| ISBN | : 1317132181 |
Intercountry adoption has undergone a radical decline since 2004 when it reached a peak of approximately 45,000 children adopted globally. Its practice had been linked to conflict, poverty, gender inequality, and claims of human trafficking, ultimately leading to the establishment of the Hague Convention on Intercountry Adoption (HCIA). This international private law along with the Convention on the Rights of the Child affirm the best interests of the child as paramount in making decisions on behalf of children and families with obligations specifically oriented to safeguards in adoption practices. In 2004, as intercountry adoption peaked and then began a dramatic decline, commercial global surrogacy contracts began to take off in India. Global surrogacy gained in popularity owing, in part, to improved assisted reproductive technology methods, the ease with which people can make global surrogacy arrangements, and same-sex couples seeking the option to have their own genetically-related children. Yet regulation remains an issue, so much so that the Hague Conference on Private International Law has undertaken research and assessed the many dilemmas as an expert group considers drafting a new law, with some similarities to the HCIA and a strong emphasis on parentage. This ground-breaking book presents a detailed history and applies policy and human rights issues with an emphasis on the best interests of the child within intercountry adoption and the new conceptions of protection necessary in global surrogacy. To meet this end, voices of surrogate mothers in the US and India ground discourse as authors consider the human rights concerns and policy implications. For both intercountry adoption and global surrogacy, the complexity of the social context anchors the discourse inclusive of the intersections of poverty and privilege. This examination of the inevitable problems is presented at a time in which the pathways to global surrogacy appear to be shifting as the Supreme Court of India weighs in on the future of the industry there while Thailand, Cambodia and other countries have banned the practice all together. There is speculation that countries in Africa and possibly Central America appear poised to pick up the multi-million dollar industry as the demand for healthy infants continues on.
| Author | : Paula Gerber |
| Publisher | : Routledge |
| Total Pages | : 246 |
| Release | : 2016-03-03 |
| Genre | : Medical |
| ISBN | : 1317048210 |
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.
| Author | : Miranda Davies |
| Publisher | : Zed Books Ltd. |
| Total Pages | : 322 |
| Release | : 2017-03-15 |
| Genre | : Social Science |
| ISBN | : 1783607041 |
Transnational surrogacy – the creation of babies across borders – has become big business. Globalization, reproductive technologies, new family formations and rising infertility are combining to produce a 'quiet revolution' in social and medical ethics and the nature of parenthood. Whereas much of the current scholarship has focused on the US and India, this groundbreaking anthology offers a far wider perspective. Featuring contributions from over thirty activists and scholars from a range of countries and disciplines, this collection offers the first genuinely international study of transnational surrogacy. Its innovative bottom-up approach, rooted in feminist perspectives, gives due prominence to the voices of those most affected by the global surrogacy chain, namely the surrogate mothers, donors, prospective parents and the children themselves. Through case studies ranging from Israel to Mexico, the book outlines the forces that are driving the growth of transnational surrogacy, as well as its implications for feminism, human rights, motherhood and masculinity.
| Author | : Renate Klein |
| Publisher | : |
| Total Pages | : 209 |
| Release | : 2017 |
| Genre | : Human reproductive technology industry |
| ISBN | : 9781925581065 |
| Author | : Piotr Mostowik |
| Publisher | : Wydawnictwo Instytutu Wymiaru Sprawiedliwości |
| Total Pages | : 1066 |
| Release | : 2019-07-01 |
| Genre | : Law |
| ISBN | : 8366344061 |
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.
| Author | : Renate Klein |
| Publisher | : Spinifex Shorts |
| Total Pages | : 120 |
| Release | : 2017-08 |
| Genre | : Medical |
| ISBN | : 9781925581034 |
Surrogacy is heavily promoted by the stagnating IVF industry which seeks new markets for women over 40, and gay men who believe they have a 'right' to their own children and 'family foundation'. Pro-surrogacy groups in rich countries such as Australia and Western Europe lobby for the shift to commercial surrogacy. Their capitalist neo-liberal argument is that a well-regulated fertility industry would avoid the exploitative practices of poor countries. Central to the project of transnational surrogacy is the ideology that legalized commercial surrogacy is a legitimate means to provide infertile couples and gay men with children who share all or part of their genes. Women, without whose bodies this project is not possible are reduced to incubators, to ovens, to suitcases.
| Author | : Katarina Trimmings |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 588 |
| Release | : 2013-05-17 |
| Genre | : Law |
| ISBN | : 1782251324 |
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.
| Author | : Michael Wells-Greco |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Adopted children |
| ISBN | : 9789462366121 |
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]
| Author | : Sharmila Rudrappa |
| Publisher | : NYU Press |
| Total Pages | : 222 |
| Release | : 2015-12-04 |
| Genre | : Social Science |
| ISBN | : 1479879487 |
Winner, American Sociological Association Asia and Asian America Section Best Book on Asia/Transnational Asia Finalist, 2015 C. Wright Mills Award from the Society for the Study of Social Problems India is the top provider of surrogacy services in the world, with a multi-million dollar surrogacy industry that continues to grow exponentially, as increasing numbers of couples from developed nations look for wombs in which to grow their babies. Some scholars have exulted transnational surrogacy for the possibilities it opens for infertile couples, while others have offered bioethical cautionary tales, rebuked exploitative intended parents, or lamented the exploitation of surrogate mothers—but very little is known about the experience of and transaction between surrogate mothers and intended parents outside the lens of the many agencies that control surrogacy in India. Drawing from rich interviews with surrogate mothers and egg donors in Bangalore, as well as twenty straight and gay couples in the U.S. and Australia, Discounted Life focuses on the processes of social and market exchange in transnational surrogacy. Sharmila Rudrappa interrogates the creation and maintenance of reproductive labor markets, the function of agencies and surrogacy brokers, and how women become surrogate mothers. Is surrogacy solely a labor contract for which the surrogate mother receives wages, or do its meanings and import exceed the confines of the market? Rudrappa argues that this reproductive industry is organized to control and disempower women workers and yet her interviews reveal that, by and large, the surrogate mothers in Bangalore found the experience life affirming. Rudrappa explores this tension, and the lived realities of many surrogate mothers whose deepening bodily commodification is paradoxically experienced as a revitalizing life development. A detailed and moving study, Discounted Life delineates how local labor markets intertwine with global reproduction industries, how Bangalore’s surrogate mothers make sense of their participation in reproductive assembly lines, and the remarkable ways in which they negotiate positions of power for themselves in progressively untenable socio-economic conditions.
