The Birth Of Surrogate Motherhood Law

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New Cannibal Markets

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)

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Book Synopsis New Cannibal Markets by : Collectif

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.

The Birth of Surrogacy in Israel

Author : D. Kelly Weisberg
Publisher :
ISBN 13 : 9780813028095
Total Pages : 291 pages
Book Rating : 4.0/5 (28 download)

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Book Synopsis The Birth of Surrogacy in Israel by : D. Kelly Weisberg

Download or read book The Birth of Surrogacy in Israel written by D. Kelly Weisberg and published by . This book was released on 2005 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that explores the controversial dilemmas posed by surrogate motherhood--the practices that help infertile couples to have a biologically related child--and connects them to events that led to passage of a revolutionary surrogacy law in Israel. As D. Kelly Weisberg discusses the country's surrogacy legislation, passed in 1996, she reveals a unique regulatory scheme that blazes a trail for those who wrestle with the complex legal, medical, and ethical aspects of new reproductive technologies. At the same time, she illuminates the roles of key players in the enactment of that program--barren wives challenged the government, childless couples who participated in a lawsuit against the Israeli Parliament, the family law practitioner who championed the cause before the Israeli Supreme Court, the academics who served on the law reform commission, and the feminist legal scholar who drafted that commission's controversial recommendations. Surrogacy has led to the birth of more than 10,000 babies worldwide. Yet the practice challenges our notions of motherhood, fatherhood, family, and procreation. With surrogacy, the family has become a creation of the marketplace: children come into being as the product of contractual arrangements between perfect strangers. And serious disputes sometimes arise as a result. Conservative religious and political influences at play in Israel make it an unlikely setting for progressive reform; however, the Surrogate Mother Agreements Act catapulted Israel to the forefront of public attention as the only country where surrogacy is legal, remunerated, and government-supervised. No other law exists that is as comprehensive as Israel's. Weisberg examines the social forces that contributed to the law, documenting the clash between religious groups, which paradoxically favored a law on reproductive freedom, and feminist groups, which opposed it. She assesses the new law, discusses what other countries can learn from Israel's example, and explores its implications for the globalization of surrogacy. She also considers generally the role of religion and law in social change.

Birth Mother

Author : Elizabeth Kane
Publisher : Houghton Mifflin Harcourt P
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.X/5 (1 download)

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Book Synopsis Birth Mother by : Elizabeth Kane

Download or read book Birth Mother written by Elizabeth Kane and published by Houghton Mifflin Harcourt P. This book was released on 1988 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fundamental legal problems of surrogate motherhood. Global perspective.

Author : Piotr Mostowik
Publisher : Wydawnictwo Instytutu Wymiaru Sprawiedliwości
ISBN 13 : 8366344061
Total Pages : 1066 pages
Book Rating : 4.3/5 (663 download)

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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.

Surrogate Motherhood

Author : Rachel Cook
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310370
Total Pages : 324 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Surrogate Motherhood by : Rachel Cook

Download or read book Surrogate Motherhood written by Rachel Cook and published by Bloomsbury Publishing. This book was released on 2003-06-24 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a multi-disciplinary collection of essays from leading researchers and practitioners,exploring legal, ethical, social, psychological and practical aspects of surrogate motherhood in Britain and abroad. It highlights the common themes that characterise debates across countries as well as exploring the many differences in policies and practices. Surrogacy raises questions for medical and welfare practitioners and dilemmas for policy makers as well as ethical issues of concern to society as a whole. The international perspective adopted by this book offers an opportunity for questions of law, policy and practice to be shared and debated across countries. The book links contemporary views from research and practice with broader social issues and bio-ethical debates. The book will be of interest to an international audience of academics and their students (in law, social policy, reproductive medicine, psychology and sociology), practitioners (including doctors, counsellors, midwives and welfare professionals) as well as those involved in policy-making and implementation.

Laws and Policies on Surrogacy

Author : Harleen Kaur
Publisher : Springer Nature
ISBN 13 : 9811643490
Total Pages : 251 pages
Book Rating : 4.8/5 (116 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 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.

Surrogate Motherhood

Author : Martha A. Field
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.

Handbook of Gestational Surrogacy

Author : E. Scott Sills
Publisher : Cambridge University Press
ISBN 13 : 1107112222
Total Pages : 355 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Handbook of Gestational Surrogacy by : E. Scott Sills

Download or read book Handbook of Gestational Surrogacy written by E. Scott Sills and published by Cambridge University Press. This book was released on 2016-10-06 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clinical handbook on gestational surrogacy, with thorough guidance for clinicians involved in global third-party reproductive treatment.

Surrogacy, Law and Human Rights

Author : Paula Gerber
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.

Modern Families

Author : Susan Golombok
Publisher : Cambridge University Press
ISBN 13 : 110705558X
Total Pages : 283 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Modern Families by : Susan Golombok

Download or read book Modern Families written by Susan Golombok and published by Cambridge University Press. This book was released on 2015-03-12 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an expert view of research on parenting and child development in new family forms.

Towards a Professional Model of Surrogate Motherhood

Author : Ruth Walker
Publisher : Springer
ISBN 13 : 1137586583
Total Pages : 205 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Towards a Professional Model of Surrogate Motherhood by : Ruth Walker

Download or read book Towards a Professional Model of Surrogate Motherhood written by Ruth Walker and published by Springer. This book was released on 2017-07-10 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delves deeply into modern surrogacy arrangements, responding to both practical and ethical critiques by offering a radically new model for surrogate motherhood. Current practice distinguishes between two models of surrogacy – the altruistic (unpaid) model and the commercial (paid) model, both of which present social, ethical, and conceptual challenges. This book proposes a novel arrangement for surrogate motherhood – the professional model. Inspired by professions, such as nursing, teaching, and social work, the professional model acknowledges the caring motives that surrogate mothers have while at the same time compensating them for their work. Walker and Van Zyl adopt an evidence-based approach to explain that the professional model enables trust between intended parents and surrogates, provides professional support at every stage of the relationship, affords legal protections against exploitation and commodification, and recognizes the rights and interests of all parties, including the intended baby. The model applies to both transnational and domestic surrogacy and will be of great interest to policy makers, social researchers, bioethicists, legal scholars, fertility professionals, clinicians, and graduate students in psychology, philosophy, medicine and ethics.

Surrogate Motherhood and the Politics of Reproduction

Author : Susan Markens
Publisher : Univ of California Press
ISBN 13 : 0520940970
Total Pages : 288 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Surrogate Motherhood and the Politics of Reproduction by : Susan Markens

Download or read book Surrogate Motherhood and the Politics of Reproduction written by Susan Markens and published by Univ of California Press. This book was released on 2007-09-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Susan Markens takes on one of the hottest issues on the fertility front—surrogate motherhood—in a book that illuminates the culture wars that have erupted over new reproductive technologies in the United States. In an innovative analysis of legislative responses to surrogacy in the bellwether states of New York and California, Markens explores how discourses about gender, family, race, genetics, rights, and choice have shaped policies aimed at this issue. She examines the views of key players, including legislators, women's organizations, religious groups, the media, and others. In a study that finds surprising ideological agreement among those with opposing views of surrogate motherhood, Markens challenges common assumptions about our responses to reproductive technologies and at the same time offers a fascinating picture of how reproductive politics shape social policy.

Birthing a Mother

Author : Elly Teman
Publisher : Univ of California Press
ISBN 13 : 0520945859
Total Pages : 382 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Birthing a Mother by : Elly Teman

Download or read book Birthing a Mother written by Elly Teman and published by Univ of California Press. This book was released on 2010-03-04 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Birthing a Mother is the first ethnography to probe the intimate experience of gestational surrogate motherhood. In this beautifully written and insightful book, Elly Teman shows how surrogates and intended mothers carefully negotiate their cooperative endeavor. Drawing on anthropological fieldwork among Jewish Israeli women, interspersed with cross-cultural perspectives of surrogacy in the global context, Teman traces the processes by which surrogates relinquish any maternal claim to the baby even as intended mothers accomplish a complicated transition to motherhood. Teman’s groundbreaking analysis reveals that as surrogates psychologically and emotionally disengage from the fetus they carry, they develop a profound and lasting bond with the intended mother.

Full Surrogacy Now

Author : Sophie Lewis
Publisher : Verso Books
ISBN 13 : 1786637308
Total Pages : 225 pages
Book Rating : 4.7/5 (866 download)

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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.

Surrogate Motherhood

Author : Lawrence O. Gostin
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

Surrogate Motherhood

Author : Helena Ragone
Publisher : Routledge
ISBN 13 : 1000313654
Total Pages : 193 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Surrogate Motherhood by : Helena Ragone

Download or read book Surrogate Motherhood written by Helena Ragone and published by Routledge. This book was released on 2019-07-11 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Surrogate Motherhood: Conception in the Heart is a compelling account written with analytical clarity and remarkable compassion. Helena Ragoné has given long overdue humanity and voice to the actual participants in the surrogate motherhood experience—a heretofore inaccessible population—and the results are fascinating. Anyone interested in fertility, parenting, reproduction, and kinship, or anyone interested in contemporary culture will want to read this book.

More Than Just a Baby

Author : Sarah Jefford
Publisher :
ISBN 13 : 9780648906001
Total Pages : 180 pages
Book Rating : 4.9/5 (6 download)

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Book Synopsis More Than Just a Baby by : Sarah Jefford

Download or read book More Than Just a Baby written by Sarah Jefford and published by . This book was released on 2020-07-30 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.