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This open access book discusses and analyses competing views and social implications of gestational surrogacy, which is making inroads as an option for parenthood as well as a work opportunity for women. It provides a rich account of transnational mobilizations for the abolition and regulation of surrogacy, with focus on United States, Italy and Mexico. The author critically assesses the core narratives of supporters and opponents of surrogacy, in order to understand this reproductive practice in light of some of the essential elements of contemporary societies, such as the “child at any cost” culture, individualism, technology and female emancipation. This book appeals to scholars, policy makers and all those who want to understand the controversial debate on this unprecedented method of family formation and life production.
Where pregnancy is concerned, let every pregnancy be for everyone. Let us overthrow, in short, the “family” The surrogacy industry is estimated to be worth over $1 billion a year, and many of its surrogates around the world work in terrible conditions—deception, wage-stealing and money skimming are rife; adequate medical care is horrifyingly absent; and informed consent is depressingly rare. In Full Surrogacy Now, Sophie Lewis brings a fresh and unique perspective to the topic. Often, we think of surrogacy as the problem, but, Full Surrogacy Now argues, we need more surrogacy, not less! Rather than looking at surrogacy through a legal lens, Lewis argues that the needs and protection of surrogates should be put front and center. Their relationship to the babies they gestate must be rethought, as part of a move to recognize that reproduction is productive work. Only then can we begin to break down our assumptions that children “belong” to those whose genetics they share. Taking collective responsibility for children would radically transform our notions of kinship, helping us to see that it always takes a village to make a baby.
Around the world thousands of couples and singles procure babies through surrogacy arrangements. Many people see surrogacy as driven by compassion for those who desire a baby. But where is the compassion for the 'surrogate' mothers and their babies? Who are the faceless, nameless women who grow the babies in their bodies and give birth to them? Women who are left with empty arms and leaking breasts after delivery? The surrogacy industry calls them special angels who make miracles possible, giving an extraordinary gift. IVF clinics call them gestational surrogates. The intended parents have promised healthcare, full reimbursement of costs, extra income and ongoing contact with the baby. What could possibly go wrong? Everything. Because surrogacy violates the human rights of the women whose bodies are used, and the rights of children who are traded as commodities. Because it is a fundamentally flawed and misogynist concept to imagine that women are interchangeable. And it is wishful thinking that regulation can fix this. All surrogacy needs to be stopped. In this book, strong and courageous women from the USA, UK, Canada, Australia, India, Romania, Hungary, Georgia and Russia share their stories of becoming 'surrogate' mothers and egg 'donors'. Their accounts are tragic, shocking, and reveal a profit-driven industry that preys on desperation and womens kindness.
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.
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.
What if we could do better than the family? We need to talk about the family. For those who are lucky, families can be filled with love and care, but for many they are sites of pain: from abandonment and neglect, to abuse and violence. Nobody is more likely to harm you than your family. Even in so-called happy families, the unpaid, unacknowledged work that it takes to raise children and care for each other is endless and exhausting. It could be otherwise: in this urgent, incisive polemic, leading feminist critic Sophie Lewis makes the case for family abolition. Abolish the Family traces the history of family abolitionist demands, beginning with nineteenth century utopian socialist and sex radical Charles Fourier, the Communist Manifesto and early-twentieth century Russian family abolitionist Alexandra Kollontai. Turning her attention to the 1960s, Lewis reminds us of the anti-family politics of radical feminists like Shulamith Firestone and the gay liberationists, a tradition she traces to the queer marxists bringing family abolition to the twenty-first century. This exhilarating essay looks at historic rightwing panic about Black families and the violent imposition of the family on indigenous communities, and insists: only by thinking beyond the family can we begin to imagine what might come after.
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.
Now in paperback with a stunning new look, this powerful, profoundly emotional novel from the acclaimed author of The Seamstress of New Orleans explores a little-known aspect of Civil War history—Southern Abolitionists—and the timeless struggle to do right even amidst bitter conflict. On a Mississippi morning in 1859, Emily Matthews begs her father to save a slave, Nathan, about to be auctioned away from his family. Judge Matthews is an abolitionist who runs an illegal school for his slaves, hoping to eventually set them free. One, a woman named Ginny, has become Emily’s companion and often her conscience—and understands all too well the hazards an educated slave must face. Yet even Ginny could not predict the tangled, tragic string of events set in motion as Nathan’s family arrives at the Matthews farm. A young doctor, Charles Slate, tends to injured Nathan and begins to court Emily, finally persuading her to become his wife. But their union is disrupted by a fatal clash and a lie that will tear two families apart. As Civil War erupts, Emily, Ginny, and Emily’s stoic mother-in-law, Adeline, each face devastating losses. Emily—sheltered all her life—is especially unprepared for the hardships to come. Struggling to survive in this raw, shifting new world, Emily will discover untapped inner strength, an unlikely love, and the courage to confront deep, painful truths.
Annotation. Renowned scholar and feminist activist, Janice Raymond, delivers a passionate expose and uncovers the alarming ethical, legal and political implications of high-tech biomedical reproductive technologies. She argues that these technologies are neither liberatory nor an issue of reproductive "choice". Rather, they violate the integrity of women's bodies, perpetuate prostitution and an international trafficking in women and children, and are a threat to women's basic human rights. Women As Wombs is a scathing feminist analysis which contributes groundbreaking insights to the raging debate over reproductive technology.