Surrogacy laws - A critical analysis

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Author :
Publisher : BlueRose Publishers
ISBN 13 :
Total Pages : 167 pages
Book Rating : 4./5 ( download)

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Book Synopsis Surrogacy laws - A critical analysis by : Priyanka Kumari

Download or read book Surrogacy laws - A critical analysis written by Priyanka Kumari and published by BlueRose Publishers. This book was released on 2020-05-08 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Surrogacy, Law and Human Rights

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Author :
Publisher : Routledge
ISBN 13 : 1317048210
Total Pages : 246 pages
Book Rating : 4.3/5 (17 download)

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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.

A Critical Evaluation of Legal & Social Aspects of Surrogacy in India

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Author :
Publisher : Notion Press
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.8/5 (88 download)

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Book Synopsis A Critical Evaluation of Legal & Social Aspects of Surrogacy in India by : Dr. Manpreet Kaur Rajpal

Download or read book A Critical Evaluation of Legal & Social Aspects of Surrogacy in India written by Dr. Manpreet Kaur Rajpal and published by Notion Press. This book was released on 2022-08-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman agrees to delivery/labour for another person or people, who will become the child's parent(s) after birth. People may seek a surrogacy arrangement when pregnancy is medically impossible, when pregnancy risks are dangerous for the intended mother, or when a single man or a male couple wish to have a child. Surrogacy is considered one of many assisted reproductive technologies. In surrogacy arrangements, monetary compensation may or may not be involved. Receiving money for the arrangement is known as commercial surrogacy. The legality and cost of surrogacy varies widely between jurisdictions, sometimes resulting in problematic international or interstate surrogacy arrangements. Couples seeking a surrogacy arrangement in a country where it is banned sometimes travel to a jurisdiction that permits it. In some countries, surrogacy is legal only if money does not exchange hands.

Research Handbook on Surrogacy and the Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1802207651
Total Pages : 547 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Research Handbook on Surrogacy and the Law by : Katarina Trimmings

Download or read book Research Handbook on Surrogacy and the Law written by Katarina Trimmings and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essential Research Handbook provides a multifaceted exploration of surrogacy and the law, examining a variety of critical yet under-researched perspectives including globalisation, power, gender, sexual orientation, genetics, human rights and family relations. It covers four distinct topics: surrogacy and rights, the interplay between surrogacy and different areas of the law, cross-border aspects, and regional perspectives.

Surrogate Motherhood

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Publisher : Indiana University Press
ISBN 13 : 9780253115201
Total Pages : 396 pages
Book Rating : 4.1/5 (152 download)

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Book Synopsis Surrogate Motherhood by : Lawrence O. Gostin

Download or read book Surrogate Motherhood written by Lawrence O. Gostin and published by Indiana University Press. This book was released on 1990-05-22 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: "... glimpses of intriguing changes in social arrangements and cultural understandings in relation to surrogacy. Disturbing motherhood indeed." -- New Scientist "Larry Gostin has put together the definitive collection of essays on one of the most perplexing and titillating topics in contemporary medical ethics. This book includes contributions from some of the leading scholars on the legal, ethical, and social aspects of surrogacy, as well as several critical perspectives on the famous Baby M case -- must reading for understanding the surrogate motherhood controversy." -- Robert M. Veatch "Highly recommended... " -- Choice "... a valuable resource for those concerned with an exceedingly difficult ethical, legal, and political problem."Â -- Ethics "There is a wealth of information here on the current 'status questionis' in the United States, and anyone involved in the surrogacy debate, in the U.S. or otherwise, will find working through this material very worthwhile." -- Canadian Philosophical Review "... an excellent sample of some of the best and most varied thinking so far on the numerous conceptual, moral, social, and policy questions raised by contract motherhood." -- The Journal of Clinical Ethics

A Critical Approach to Surrogacy

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Author :
Publisher : Routledge
ISBN 13 : 1317301951
Total Pages : 305 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis A Critical Approach to Surrogacy by : Damien W Riggs

Download or read book A Critical Approach to Surrogacy written by Damien W Riggs and published by Routledge. This book was released on 2019-02-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive text makes an important contribution to the study of surrogacy, developing a novel theoretical framework through which to understand the broader social contexts as well as individual decisions at play within surrogacy arrangements. Drawing on empirical research conducted by the authors and supplemented by secondary analyses of media, legislative and public accounts of surrogacy, the book engages with the key stakeholders involved in the practice of surrogacy. Specifically, it canvases the standpoints of women who act as surrogates, intending parents who commission surrogacy arrangements, children born through surrogacy, clinics that facilitate the arrangements, and politicians and journalists who engage with the topic. Through a focus on capitalism as a means of orientating ourselves to the topic of surrogacy, the book highlights the vulnerabilities that potentially arise in the context of surrogacy, as well as the claims to agency invoked by some parties in order to mitigate vulnerability. In so doing, the book demonstrates that the psychology of surrogacy must be broadly understood as an orientation to particular ways of thinking about children, reproduction and economies of labour.

A Practical Guide to the Law in Relation to Surrogacy

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Author :
Publisher :
ISBN 13 : 9781912687497
Total Pages : 166 pages
Book Rating : 4.6/5 (874 download)

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Book Synopsis A Practical Guide to the Law in Relation to Surrogacy by : Andrew Powell

Download or read book A Practical Guide to the Law in Relation to Surrogacy written by Andrew Powell and published by . This book was released on 2020-11-16 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a recent Supreme Court judgment remarked, the law relating to surrogacy in England and Wales can sometimes seem fragmented and obscure. This book provides the reader with a practical guide that starts with the history of surrogacy laws in England and Wales, and provides an up to date guide to how parental status for children born as a result of a surrogacy arrangement can be achieved. This book explores the key legal concepts in family law of legal parentage and parental responsibility and how that relates to children born via surrogacy, and then examines the criteria required for a parental order to be granted as well as the application process from start to finish. The book also provides an analysis of circumstances where the criteria for a parental order is not met and the legal options that are available to secure some form of parental status between the child and their parent(s). ABOUT THE AUTHOR Andrew Powell is a family law barrister at 4 Paper Buildings, specialising in surrogacy, the international movement of children, adoption, public law children work and court of protection. He is ranked in the Legal 500 and Chambers and Partners and acknowledged for his expertise in surrogacy law. Andrew is member of the Family Law Bar Association, The Association of Lawyers for Children, Resolution and is an associate member of the American Bar Association (Family Law Section). TESTIMONIALS "This is a much needed book in a specialist and difficult area of family law. Andrew Powell answers all of the questions that family lawyers and lay clients will have about how to approach a surrogacy case from beginning to end." - Linzi Bull, Partner at Penningtons Manches Cooper LLP CONTENTS 1. Introduction 2. What Is Surrogacy? 3. Legal Parenthood and Parental Responsibility 4. Parental Orders and the Parental Order Criteria 5. Welfare 6. The Parental Order Reporter and Their Duties 7. The Parental Order Application Process 8. What Happens When the Criteria for a Parental Order Is Not Met? 9. Concluding Comments

The Birth of Surrogate Motherhood Law

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Publisher :
ISBN 13 :
Total Pages : 34 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis The Birth of Surrogate Motherhood Law by : Pavel Kuchař

Download or read book The Birth of Surrogate Motherhood Law written by Pavel Kuchař and published by . This book was released on 2015 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is surrogacy enforceable in some of the US jurisdictions and not in others? In what way does the enforcement of surrogate motherhood contracts effect the number of exchanges between intended parents and surrogate mothers? Throughout the last two decades of the twentieth century, public approval of surrogate motherhood, as expressed in opinion surveys, increased. Using data from surveys carried out through the period 1983-1992 I examine the relationship between approval of surrogate motherhood and time to legal institutional change. By means of duration analysis I show that, through political processes, changing beliefs effect institutional change. Other factors, including accidents, imitation, and historical conditions, are also shown to have an effect on the probability of legal institutional change. By means of a comparative institutional analysis I show that between the years 2003 and 2012 states with judge-made-surrogacy law registered systematically higher number of surrogate motherhood contracts than other states.

Laws and Policies on Surrogacy

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Publisher :
ISBN 13 : 9789811643507
Total Pages : 0 pages
Book Rating : 4.6/5 (435 download)

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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 . This book was released on 2021 with total page 0 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.

Surrogate Motherhood

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674036832
Total Pages : 258 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Surrogate Motherhood by : Martha A. Field

Download or read book Surrogate Motherhood written by Martha A. Field and published by Harvard University Press. This book was released on 2009-07-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: With an Expanded Appendix on the Current Legal Status of Surrogacy Arrangements A practice known since Biblical times, surrogate motherhood has only recently leaped to prominence as a way of providing babies for childless couples—and leaped to notoriety through the dramatic case of Baby M. Contract surrogacy is officially little more than ten years old, but by 1986 five hundred babies had been born to mothers who gave them up to sperm donor fathers for a fee, and the practice is growing rapidly. Martha Field examines the myriad legal complexities that today enmesh surrogate motherhood, and also looks beyond existing legal rules to ask what society wants from surrogacy. A man’s desire to be a “biological” parent even when his wife is infertile—the father’s wife usually adopts the child—has led to this new kind of family, and modern technology could further extend surrogacy’s appeal by making gestational surrogates available to couples who provide both egg and sperm. But is surrogacy a form of babyselling? Is the practice a private matter covered by contract law, or does adoption law govern? Is it good or bad social and public policy to leave surrogacy unregulated? Should the law allow, encourage, discourage, or prohibit surrogate motherhood? Ultimately the answers will depend on what the American public wants. In the difficult process of sorting out such vexing questions, Martha Field has written a landmark book. Showing that the problem is rather too much applicable law than too little, she discusses contract law and constitutional law, custody and adoption law, and the rights of biological fathers as well as the laws governing sperm donation. Competing values are involved all along the legal and social spectrum. Field suggests that a federal prohibition would be most effective if banning surrogacy is the aim, but federal prohibition might not be chosen for a variety of reasons: a preference for regulating surrogacy instead of driving it underground; a preference for allowing regulation and variation by state; or a respect for the interests of people who want to enter surrogacy arrangements. Since the law can support a wide variety of positions, Field offers one that seems best to reconcile the competing values at stake. Whether or not paid surrogacy is made illegal, she suggests that a surrogate mother retain the option of abiding by or canceling the contract up to the time she freely gives the child to the adopting couple. And if she cancels the contract, she should be entitled to custody without having to prove in court that she would be a better parent than the father.

Outsourcing the Womb

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Author :
Publisher : Routledge
ISBN 13 : 1317518020
Total Pages : 118 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Outsourcing the Womb by : France Winddance Twine

Download or read book Outsourcing the Womb written by France Winddance Twine and published by Routledge. This book was released on 2015-03-27 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through case studies, Outsourcing the Womb, Second Edition provides a critical analysis and global tour of the international surrogacy landscape in Egypt, India, China, Japan, Israel, Ukraine, the European Union and the United States. By providing a comparative analysis of countries that have very different policies, this book disentangles the complex role that race, religion, class inequality, legal regimes, and global capitalism play in the gestational surrogacy market. This book provides an intersectional frame of analysis in which multiple forms of social inequality and power differences become institutionalized and restrict the access of some individuals and families while privileging others, and concludes with a discussion of "reproductive justice" and "reproductive liberty." It is an ideal addition to courses on social problems, race, gender, and inequality.

Solid

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Publisher :
ISBN 13 : 9789382381518
Total Pages : 0 pages
Book Rating : 4.3/5 (815 download)

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Book Synopsis Solid by : Kumkum Sangari

Download or read book Solid written by Kumkum Sangari and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sex selection and commercial surrogacy are practices pursued in the full glare of exposure, demystification, and critique. The female-child sex ratio continues to decline while commercial surrogacy has become a fledgling (trans)national industry. Both practices produce new subjects and agents of self-directed violence, and can be tied to the inequities of 'growth' without redistribution. Yet sex selection is usually represented as a fixture of tradition and commercial surrogacy is recast as a libertarian story of market empowerment. The book attempts, first, to work through and against the common perceptions, rationales, and imaginaries that underwrite these practices, and to analyse the familial, social and market practices, the state policies, the agential modes and retraditionalizing processes which connect them. Second, it attempts to seize the formative conjunctions in the restructuring of patriarchal familial, state and (trans)national market regimes, and to define the confluences and contradictions between them. The argument revolves around the crystallization of a (trans)national reproductive formation grounded in conception and contraception that can be mapped on the relations between waged and non-waged domestic-procreative labor which converge in accumulation processes in the transition to a neoliberal economy. It considers the implications of post-Fordist redistributions of labor, manufacture and services, as well as of familial constraint and market emancipation. Given the transnational shaping of social reproduction, and of social and postsocial bodies, it asks if patriarchal practices can be defined solely on national or regional lines, and argues that neoliberal capitalism puts both fixities and flexibilities into play. The book shows how the implications of selective procreation extend far beyond the domestic domain, and reformulates the ground of left-feminist critique towards theorizing an 'open contemporaneity' that can still account for systemic structures.

Cross-Cultural Comparisons on Surrogacy and Egg Donation

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Author :
Publisher : Springer
ISBN 13 : 3319786709
Total Pages : 396 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Cross-Cultural Comparisons on Surrogacy and Egg Donation by : Sayani Mitra

Download or read book Cross-Cultural Comparisons on Surrogacy and Egg Donation written by Sayani Mitra and published by Springer. This book was released on 2018-07-09 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to bring together an interdisciplinary collection of essays on surrogacy and egg donation from three socially, legally and culturally distinct countries - India, Israel and Germany. It presents contributions from experts in the field of social and cultural sciences, bioethics, law as well as psychology and provides critical-reflective comparative analysis of the socio-ethical factors shaping surrogacy and egg donation practices across these three countries. This book highlights the importance of a comparative perspective to ‘make sense’ of controversies and transitions in this highly contested area of artificial reproductive technologies. It demonstrates how local developments cannot be isolated from global events and vice versa. Therefore, this volume can be used as a standard reference for anyone seeking to understand surrogacy and egg donation from a macro-perspective in the next decade.

Globalization and Transnational Surrogacy in India

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Author :
Publisher : Lexington Books
ISBN 13 : 0739187430
Total Pages : 278 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Globalization and Transnational Surrogacy in India by : Sayantani DasGupta

Download or read book Globalization and Transnational Surrogacy in India written by Sayantani DasGupta and published by Lexington Books. This book was released on 2014-02-14 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Wombs in Labor

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Publisher : Columbia University Press
ISBN 13 : 0231538189
Total Pages : 269 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Wombs in Labor by : Amrita Pande

Download or read book Wombs in Labor written by Amrita Pande and published by Columbia University Press. This book was released on 2014-09-23 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Surrogacy is India's 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 India's 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, Pande's research focuses on how reproduction meets production in surrogacy and how this reflects characteristics of India's larger labor system. Pande's 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 India's 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.

Discounted Life

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Publisher : NYU Press
ISBN 13 : 1479825328
Total Pages : 221 pages
Book Rating : 4.4/5 (798 download)

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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 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Outsourcing the Womb

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Author :
Publisher : Routledge
ISBN 13 : 113616460X
Total Pages : 80 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis Outsourcing the Womb by : France Winddance Twine

Download or read book Outsourcing the Womb written by France Winddance Twine and published by Routledge. This book was released on 2012-08-06 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: A quiet revolution has been taking place during the past three decades. The way that children enter families has changed radically among upper middle class families. In the 1980s infertility increasing became defined as a medical problem that could be solved with assisted reproductive technologies (ART) rather than through adoption. Asexual or ‘assisted conception’ involving medical technologies such as in vitro fertilization and embryo transfers began to replace sexual reproduction for infertile couples. Third parties, referred to as surrogates are hired to assist individuals and/or couples who wish to conceive and child with whom they share a genetic tie. This has resulted in a ‘surrogate baby boom.’ Outsourcing the Womb provides a critical introduction to the global surrogacy market. A comparative analysis of the assisted reproductive technology and surrogacy industry in Egypt, Israel, India and the United States disentangles the intersecting roles of race, religion, class inequality, religious law, and global capitalism. Gestational surrogacy challenges the idea of ‘natural’ reproduction and of the meaning of parenthood. What role should the state play in providing individuals and families with access to reproductive technologies? This book concludes with a discussion of ‘reproductive justice’. The goal of this new, unique series is to offer readable, teachable "thinking frames" on today’s social problems and social issues by leading scholars, all in short 60 page or shorter formats, and available for view on http://routledge.customgateway.com/routledge-social-issues.html For instructors teaching a wide range of courses in the social sciences, the Routledge Social Issues Collection now offers the best of both worlds: originally written short texts that provide "overviews" to important social issues as well as teachable excerpts from larger works previously published by Routledge and other presses.