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Over the past 10 years, a convergence of scientific, demographic, legal and social developments has led to a significant influx of cases of international surrogacy. What was previously a marginal form of parenthood has become a multi-billion dollar industry, raising concerns for surrogate mothers, commissioning parents, and children alike. Lawyers, philosophers and health care professionals have struggled to formulate a framework to ensure the protection of surrogate mothers from exploitation, whilst combatting the vulnerability of commissioning parents to agencies and intermediaries, and providing children born as a result of this practice with certainty regarding their identity, status, and nationality. The transnational nature of the issues raised in relation to international surrogacy agreements means that individual states have struggled to take decisive action, and there remains a myriad of different responses to this issue. This book brings together experts from Eastern and Western backgrounds, to consider the way in which different jurisdictions have responded to surrogacy, both within their own borders, and when an international agreement takes place involving one of their citizens. Each chapter includes a discussion of the laws concerning the establishment and contestation of legal parentage through surrogacy under domestic law; the rules and laws concerning surrogacy arrangements on a domestic level; and approaches to recognition of legal parenthood acquired through surrogacy in other jurisdictions. In addition, the chapters consider the socio-economic context of surrogacy in the chosen jurisdictions, through questions concerning the profile of surrogate mothers and commissioning parents, the involvement of intermediaries, and the nature of the interactions between these parties. In this way, the book provides a comprehensive understanding of the confluences and tensions in the way surrogacy is approached in these jurisdictions, and seeks to identify trends emerging from these different regions. In doing so, Eastern and Western Perspectives on Surrogacy seeks to contribute to the greater understanding of the regulation of surrogacy throughout the world, and will serve as a reference work for anyone involved in practice, academia or law reform in this subject area. Jens M. Scherpe is a Reader in Comparative Law and Director of Cambridge Family Law at the University of Cambridge. He is the Honorary Professor at the University of Aalborg, Cheng Yu Tung Visiting Professor in Law at the University of Hong Kong and an Academic Door Tenant at Queen Elizabeth Building in London. Claire Fenton-Glynn is a Lecturer in Law at the University of Cambridge. She is an Associate Member of Harcourt Chambers in London. Terry Kaan is an Associate Professor of Law at Hong Kong University and Co-Director of the Centre for Medical Ethics and Law.
This book examines the phenomenon of surrogacy from a comparative perspective. Bringing together experts from 21 countries across the world, it provides a comprehensive discussion of the ways in which surrogacy is regulated in both Eastern and Western jurisdictions, and seeks to establish a common ground to move forward in this morally and legally difficult subject area.
A clinical handbook on gestational surrogacy, with thorough guidance for clinicians involved in global third-party reproductive treatment.
An approachable and original view of the past, present, and future of kinship in anthropology.
How and to what extent have Islamic legal scholars and Middle Eastern lawmakers, as well as Middle Eastern Muslim physicians and patients, grappled with the complex bioethical, legal, and social issues that are raised in the process of attempting to conceive life in the face of infertility? This path-breaking volume explores the influence of Islamic attitudes on Assisted Reproductive Technologies (ARTs) and reveals the variations in both the Islamic jurisprudence and the cultural responses to ARTs.
From computer support and hotel reservations to laboratory results and radiographic interpretations, it seems everything can be ‘outsourced’ in our globalized world. One would not think so with parenthood, however, especially motherhood, as it is a fundamental activity humans have historically preserved as personal and private. In our modern age, however, the advent and accessibility of assisted reproductive technologies (ARTs) and the ease with which they have traversed global borders, has fundamentally altered the meaning of childbearing and parenting. In thetwenty-first century, parenthood is no longer achieved only through gestation, adoption, or traditional surrogacy, but also via assisted reproductive technologies (ARTs), where science and technology play lead roles. Furthermore, in a globalized world economy, where the movement and transfer of people and commodities are increasing to serve the interests of capitalism, gamete donation and surrogate birth can traverse innumerable geographic, socio-economic, racialized, and political borderlands. Thus, reproduction itself can be outsourced. This edited volume explores one specific aspect of the new assisted reproductive technologies: gestational surrogacy and how its practice is changing the traditional concept of parenthood across the globe. The phenomenon of transnational surrogacy has given rise to a thriving international industry where money is being ‘legally’ exchanged for babies and ‘reproductive labor’ has taken on a lucrative commercial tone. Yet, law, research, and activism are barely aware of this experience and are still playing catch-up with rapidly changing on-the-ground realities. This interdisciplinary collection of essays assuages the dearth of knowledge and addresses significant issues in transnational commercial gestational surrogacy as it takes shape in a peculiar relation between the West (primarily the United States) and India.
This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.
Reproductive justice theory made real through re-imagining critical cases addressing pregnancy, parenting, and the law's treatment of marginalized women.
These essays examine the global impact of infertility as a major reproductive health issue, one that has profoundly affected the lives of countless women and men. The contributors address a range of topics including how the deeply gendered nature of infertility sets the blame on women's shoulders.
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.