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Human Rights Implications Of Global Surrogacy
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Author :University of Chicago. Law School. International Human Rights Clinic Publisher : ISBN 13 : Total Pages :109 pages Book Rating :4.:/5 (11 download)
Book Synopsis Human Rights Implications of Global Surrogacy by : University of Chicago. Law School. International Human Rights Clinic
Download or read book Human Rights Implications of Global Surrogacy written by University of Chicago. Law School. International Human Rights Clinic and published by . This book was released on 2019 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis From Intercountry Adoption to Global Surrogacy by : Karen Smith Rotabi
Download or read book From Intercountry Adoption to Global Surrogacy written by Karen Smith Rotabi and published by Taylor & Francis. This book was released on 2016-12-12 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Surrogacy, Law and Human Rights by : Paula Gerber
Download or read book Surrogacy, Law and Human Rights written by Paula Gerber and published by Routledge. This book was released on 2016-03-03 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Babies for Sale? by : Miranda Davies
Download or read book Babies for Sale? written by Miranda Davies and published by Zed Books Ltd.. This book was released on 2017-03-15 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Surrogacy written by Renate Klein and published by Spinifex Shorts. This book was released on 2017-08 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :Piotr Mostowik Publisher :Wydawnictwo Instytutu Wymiaru Sprawiedliwości ISBN 13 :8366344061 Total Pages :1066 pages Book Rating :4.3/5 (663 download)
Book Synopsis Fundamental legal problems of surrogate motherhood. Global perspective. by : Piotr Mostowik
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.
Book Synopsis International Surrogacy Arrangements by : Katarina Trimmings
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.
Download or read book Surrogacy written by Renate Klein and published by . This book was released on 2017 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Laws and Policies on Surrogacy by : Harleen Kaur
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.
Book Synopsis Sociological Debates on Gestational Surrogacy by : Daniela Bandelli
Download or read book Sociological Debates on Gestational Surrogacy written by Daniela Bandelli and published by Springer Nature. This book was released on 2021-10-31 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Status of Children Arising from Inter-country Surrogacy Arrangements by : Michael Wells-Greco
Download or read book Status of Children Arising from Inter-country Surrogacy Arrangements written by Michael Wells-Greco and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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]
Book Synopsis Full Surrogacy Now by : Sophie Lewis
Download or read book Full Surrogacy Now written by Sophie Lewis and published by Verso Books. This book was released on 2021-08-31 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Intercountry Adoption by : Karen Smith Rotabi
Download or read book Intercountry Adoption written by Karen Smith Rotabi and published by Routledge. This book was released on 2016-12-05 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intercountry adoption represents a significant component of international migration; in recent years, up to 45,000 children have crossed borders annually as part of the intercountry adoption boom. Proponents have touted intercountry adoption as a natural intervention for promoting child welfare. However, in cases of fraud and economic incentives, intercountry adoption has been denounced as child trafficking. The debate on intercountry adoption has been framed in terms of three perspectives: proponents who advocate intercountry adoption, abolitionists who argue for its elimination, and pragmatists who look for ways to improve both the conditions in sending countries and the procedures for intercountry transfer of children. Social workers play critical roles in intercountry adoption; they are often involved in family support services or child relinquishment in sending countries, and in evaluating potential adoptive homes, processing applications, and providing support for adoptive families in receiving countries; social workers are involved as brokers and policy makers with regard to the processes, procedures, and regulations that govern intercountry adoption. Their voice is essential in shaping practical and ethical policies of the future. Containing 25 chapters covering the following five areas: policy and regulations; sending country perspectives; outcomes for intercountry adoptees; debate between a proponent and an abolitionist; and pragmatists' guides for improving intercountry adoption practices, this book will be essential reading for social work practitioners and academics involved with intercountry adoption.
Book Synopsis Discounted Life by : Sharmila Rudrappa
Download or read book Discounted Life written by Sharmila Rudrappa and published by NYU Press. This book was released on 2015-12-04 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Wombs in Labor written by Amrita Pande and published by Columbia University Press. This book was released on 2014-09-30 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Surrogacy is IndiaÕs new form of outsourcing, as couples from all over the world hire Indian women to bear their children for a fraction of the cost of surrogacy elsewhere with little to no government oversight or regulation. In the first detailed ethnography of IndiaÕs surrogacy industry, Amrita Pande visits clinics and hostels and speaks with surrogates and their families, clients, doctors, brokers, and hostel matrons in order to shed light on this burgeoning business and the experiences of the laborers within it. From recruitment to training to delivery, PandeÕs research focuses on how reproduction meets production in surrogacy and how this reflects characteristics of IndiaÕs larger labor system. PandeÕs interviews prove surrogates are more than victims of disciplinary power, and she examines the strategies they deploy to retain control over their bodies and reproductive futures. While some women are coerced into the business by their families, others negotiate with clients and their clinics to gain access to technologies and networks otherwise closed to them. As surrogates, the women Pande meets get to know and make the most of advanced medical discoveries. They traverse borders and straddle relationships that test the boundaries of race, class, religion, and nationality. Those who focus on the inherent inequalities of IndiaÕs surrogacy industry believe the practice should be either banned or strictly regulated. Pande instead advocates for a better understanding of this complex labor market, envisioning an international model of fair-trade surrogacy founded on openness and transparency in all business, medical, and emotional exchanges.
Book Synopsis Global Private International Law by : Horatia Muir Watt,
Download or read book Global Private International Law written by Horatia Muir Watt, and published by Edward Elgar Publishing. This book was released on with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.
Author :Collectif Publisher :Éditions de la Maison des sciences de l’homme ISBN 13 :2735122859 Total Pages :432 pages Book Rating :4.7/5 (351 download)
Download or read book New Cannibal Markets written by Collectif and published by Éditions de la Maison des sciences de l’homme. This book was released on 2017-12-19 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thanks to recent progress in biotechnology, surrogacy, transplantation of organs and tissues, blood products or stem-cell and gamete banks are now widely used throughout the world. These techniques improve the health and well-being of some human beings using products or functions that come from the body of others. Growth in demand and absence of an appropriate international legal framework have led to the development of a lucrative global trade in which victims are often people living in insecure conditions who have no other ways to survive than to rent or sell part of their body. This growing market, in which parts of the human body are bought and sold with little respect for the human person, displays a kind of dehumanization that looks like a new form of slavery. This book is the result of a collective and multidisciplinary reflection organized by a group of international researchers working in the field of medicine and social sciences. It helps better understand how the emergence of new health industries may contribute to the development of a global medical tourism. It opens new avenues for reflection on technologies that are based on appropriation of parts of the body of others for health purposes, a type of practice that can be metaphorically compared to cannibalism. Are these the fi rst steps towards a proletariat of men- and women-objects considered as a reservoir of products of human origin needed to improve the health or well-being of the better-off? The book raises the issue of the uncontrolled use of medical advances that can sometimes reach the anticipations of dystopian literature and science fiction.
