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Journal articles on the topic 'Surrogacy Mother'
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1
Ambarwati, Mega Dewi, and Ghina Azmita Kamila. "The Evaluation of Surrogacy’s System in Indonesia as Comparison to India’s Legislation." Lentera Hukum 6, no. 2 (July 29, 2019): 249. http://dx.doi.org/10.19184/ejlh.v6i2.10842.
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In today’s age, marriage life is can be complicated with problems like infertility. In the face of this problem, couples have used surrogacy as a potential fix. Surrogacy poses a unique problem in Indonesia, because such a concept remains culturally taboo and no legal system exists to regulate the process and the responsibilities of the surrogate mother. Thus, other countries that have created a legal infrastructure for surrogacy offer valuable paradigms and best practices. This study seeks to compare surrogacy law between Indonesia and India, with the overall goal of suggesting policies to better regulate surrogacy within the former country. This study uses comparative legal research methodology through the functional method because Indonesia and India face the same social problem of surrogacy. The result reveals that it needs a legal system on surrogacy and surrogate mother as the legal certainty for any individual especially spouse who could not have offspring along with some reasons such as minimalize prostitution and unregistered marriage, prevent dispute, and to develop scientific field. The study concludes that Indonesia requires stronger legal infrastructure for surrogacy that will not only provide legal certainty for surrogate mothers and families using surrogacy but will also minimize prostitution and unregistered marriages, mitigate domestic disputes, and catalyze scientific innovation.
Keywords: Surrogate Mother, Surrogacy, Indonesia, India.
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Ambarwati, Mega Dewi, and Ghina Azmita Kamila. "THE EVALUATION OF SURROGACY’S LEGAL SYSTEM IN INDONESIA AS COMPARISON TO INDIA’S LEGISLATION." Diponegoro Law Review 4, no. 2 (October 1, 2019): 167. http://dx.doi.org/10.14710/dilrev.4.2.2019.167-180.
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Nowadays, in marriage life, spouse often dealing with big problem as like infertility which make them unable to have offspring. However, due to infertility, the spouse has obtained some efforts to solve their problems. One way to solve the problem is by obtaining surrogacy with the help of surrogate mother. Nevertheless, in Indonesia, especially, surrogacy as well as surrogate mother is still considered to be taboo things and no legal system which regulate the surrogacy and/or surrogate mother. Yet other countries have allowed or legalize the surrogacy practice as well as surrogate mother. Hence, this study aimed to reveal a comparison of legal system on surrogate mother and surrogacy law in Indonesia and India. This study used comparative legal research methodology through the functional method since Indonesia has the same function over the purpose of law establishment on the surrogate mother in India. The result reveals that it needs a legal system on surrogacy and surrogate mother as the legal certainty for any individual especially spouse who could not have offspring along with some reasons such as minimalize prostitution and unregistered marriage, prevent dispute, and to develop scientific field.
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Suprun, Yana Ivanovna, and Anastasiya Maksimovna Kozlova. "Practical and theoretical problems of legal regulation of surrogacy." Политика и Общество, no. 1 (January 2021): 1–12. http://dx.doi.org/10.7256/2454-0684.2021.1.35608.
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The subject of this research is the legal norms applied to the surrogacy program as an independent institution that requires a separate place in the system. The object of this research is the social relations arising in the sphere of surrogacy procedures for future parents, as well as protection of the rights of a child born from artificial insemination. Special attention is given to such aspects as the surrogacy contract, registration of a child born to a surrogate mother, court opinion on the refusal to register a child born to a surrogate mother, and right of a single father to register a child born to a surrogate mother. The novelty of this article lies the analysis and examination of case law dedicated to the practical and theoretical problems of using surrogacy. The definitions are provided to the concepts of surrogacy and surrogate mother. Recommendations are made on the amendments to family and civil legislation by introducing norms that would regulate and determine the legal nature of surrogacy contract, norms on the child’s registration by the genetic parents who are not legally marries, as well as norms that to regulate the rights and responsibility, legal status of the father of a child born to a surrogate mother.
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Oluwaseyi, Oyekan Adeolu, and Ani Amara Esther. "Surrogacy and the Motherhood Question in Yoruba Culture." Bangladesh Journal of Bioethics 8, no. 3 (February 14, 2018): 26–32. http://dx.doi.org/10.3329/bioethics.v8i3.35609.
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One of the arguments against surrogacy is that it is harmful to both the surrogate mother and the child. Numerous strands of this argument are collectively referred to as the ‘harm factor’. A version of the argument says that surrogacy interrupts the Mother-fetal affection which develops between the surrogate mother and the child. If this is true, what implication does it have for the concept of motherhood? Does the biological connection between the fetus and the surrogate put the latter in a better position as a mother than the commissioning mother? This paper examines the relationship between surrogacy and motherhood within the context of Yoruba culture. It argues that the culture emphasizes the sociological dimension of motherhood more than the biological. This, the paper argues, is because of the culture’s emphasis on the significance of nurture and care to the development of a meaningful and stable life. The paper thus concludes that while Yoruba traditional society lacked the scientific wherewithal to undertake a successful surrogacy procedure, its conception of motherhood, prevalently held even in contemporary time, is normatively compatible with surrogacy.
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Halimah, Mimi. "Pandangan Aksiologi Terhadap Surrogate Mother." Jurnal Filsafat Indonesia 1, no. 2 (May 7, 2018): 51. http://dx.doi.org/10.23887/jfi.v1i2.13989.
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Memiliki keturunan adalah impian untuk setiap pasangan yang sudah menikah, tetapi tidak bisa disangkal bahwa ada keadaan tertentu di mana seorang istri tidak dapat hamil karena kelainan di rahimnya atau ada faktor lain yang mebuat seorang istri tidak dapat hamil. Teknologi kedokteran telah menemukan solusi untuk pasangan yang mempunyai masalah sulitnya mendapatkan keturunan tersebut misalnya dengan inseminasi buatan atau dengan teknologi fertilisasi invitro yang dikenal dengan bayi tabung. Dalam perkembangannya program bayi tabung dapat dilakukan dengan menggunakan ibu pengganti atau dikenal dengan istilah Surrogate mother. Secara Ilmu kedokteran Praktik Surrogacy bisa dilakuan, bisa dijelaskan secara ilmiah dan memenuhi kaidah-kaidah kelmuan. Nmaun demikian segala sesuatu yang bisa dilakukan bukan berarti boleh secara etika, hukum dan aturan agama. Praktik Surrogacy pada kenyataannya banyak menimbulkan perdebatan dan kontroversi terutama ditinjau dari etika, hukum dan agama baik di Indonesia maupun negara lain. Meskipun ada juga beberapa negara yang membolehkan praktik ini seperti India, Thailand, Inggris, Amerika dan Australia. Praktik Surrogacy dalam Peraturan Hukum indonesia dilarang hal ini sesuai dengan pasal 16 UU No. 23 Tahun 1992 Tentang kesehatan dan Keputusan Menteri Kesehatan No. 72 / Menkes / Per / II / 1999 tentang Penyelenggaraan teknologi Reproduksi Buatan dan mengatur tentang hukum pelaksanaan bayi tabung. Praktik Surrogacy menurut tinjauan etika moral juga bertenatangan dengan nilai-nilai kemanusiaan bahkan menurut European Centre for Law and Justice tahun 2012 menyatakan bahwa Surrogate mother adalah kekerasan terhadap hak asasi manusia karena mengeksploitasi anak dan wanita, menjadikan mereka sebagai komoditi bisnis. Praktik Surrogacy juga dilarang secara tegas oleh berbagai ajaran agama seperti Islam, Kristen, katolik, Hindu dan Budha
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Reznik, O. M., and A. E. Ishchukova. "Legal regulation of surrogacy in Ukraine and the United States of America." Legal horizons, no. 18 (2019): 34–38. http://dx.doi.org/10.21272/legalhorizons.2019.i18.p34.
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In this article, the authors investigated the regulatory acts and laws governing surrogacy in Ukraine. The concept of “surrogacy” was also considered and the absence of fixing of this term at the legislative level was established. In addition, it was determined that the necessary condition for the implementation of the method of surrogacy is the genetic link of the spouse or one of the couples with an unborn child. It follows that the surrogate mother should not be genetically related to the child. However, the legislator doesn’t prohibit bearing the pregnancy of close relatives of future parents (sister, mother, aunt, cousin, etc.). This work also focuses on the definition of the legal nature of the contract concluded between the surrogate mother and the infertile couple for artificial insemination by the method of surrogacy. As a result, this agreement is similar to the civil service agreement. The publication also analyzes the state registration procedure for a newborn baby that was born using the method of surrogacy. The peculiarity of the procedure for registering a newborn baby conceived in this way is the presence of a certificate and statement. The certificate proves the genetic link of the baby with the couple. The statement is given by the surrogate mother to recognize the spouse as the child’s parents. Much attention is paid to the experience of regulating surrogacy in the United States. The country does not have a single codified law on artificial insemination by surrogacy. Each state decides in what manner, in what order, and under what conditions it is possible to resort to this type of assisted reproductive technology. The conclusions provide suggestions for resolving problems that may arise while using the method of surrogacy. Also the possibility of improving current legislation on the legal regulation of this procedure by borrowing from foreign experience. Keywords: surrogacy, legal regulation, surrogate mother, assisted reproductive technologies, married couple, contract.
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Novytska, M. M., and A. V. Kozhushko. "Gaps in the legal regulation of surrogacy in Ukraine and analysis of the experience of foreign countries." Legal horizons, no. 22 (2020): 76–81. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p76.
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The article is devoted to the study of the legislation of Ukraine regulating the procedure of surrogacy and the main legal gaps in this area. In addition, a legal analysis and comparison of the legislation in the field of surrogacy in such foreign countries as Belarus, Kazakhstan, the Czech Republic, Israel, Sweden, the Netherlands, Nigeria, Finland, some US states. The main legal cases arising in Ukraine during and after the use of the surrogacy procedure, their causes and consequences are highlighted. The case law of national courts is given and analyzed. In particular, the procedure for legal regulation of the mechanism of registration and registration of a child born as a result of surrogacy needs to be improved in order to avoid the possibility of a surrogate mother entering information about herself as a child’s mother in the state register of civil status and further challenging maternity in court. A comparative analysis of the experience of foreign legal regulation of the institution of surrogacy and focused on their pros and cons. The basic provisions and principles which can be borrowed from experience of realization by foreign countries of procedure of surrogacy are offered. When creating regulations, a number of guarantee norms should be taken into account, which will be the basis for avoiding potential conflicts and negative situations. In particular, they include: the refusal of a surrogate mother to give the child to biological parents; the refusal of the biological parents to pick up the newborn child; cases of birth of two or more children; birth of a dead / sick child; the desire of the surrogate mother to terminate the pregnancy, the refusal of the genetic parents to perform their duties in terms of paying for the services of the surrogate mother. The conclusion about the necessity of the Ukrainian legislation in legal regulation and rationing of surrogacy by creation of the uniform profile regulatory act is carried out.
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Doskočil, Ondřej. "“Any surrogate mothers?” A Debate on surrogacy in internet discussion forums." Human Affairs 30, no. 1 (January 28, 2020): 10–26. http://dx.doi.org/10.1515/humaff-2020-0002.
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AbstractSurrogacy has long been discussed in reproductive medicine. In the Czech Republic, surrogacy is not legally regulated. Because of this legal vacuum, there are no official procedures or organizations that openly deal with surrogacy. Potential surrogate mothers and applicants do not have many options for obtaining or sharing information. The only source is the Internet. Online forums are a popular tool for gaining information and contacts regarding surrogacy. The goal of this research was to use qualitative research methods to survey the most searched and discussed topics on Czech online discussion forum websites. We used discussions that we found on www.emimino.cz between 2009 and 2019. This article analyses the comments of the Internet forum discussants/participants, their involvement, knowledge of surrogacy, the information sought and their opinions. In particular, the participants discussed where to find a surrogate mother or how to become one. This article attempts to outline the discussions ordinary people have about surrogacy outside official expert forums.
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Antonovska, Daniela. "Surrogacy: A Novelty Concept in North Macedonia." Women's Health – Open Journal 7, no. 1 (May 28, 2021): 4–6. http://dx.doi.org/10.17140/whoj-7-140.
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Surrogacy has existed since ancient times. Depending on the way of creating an embryo, two types of surrogacy differ, traditional and gestational. When it comes to monetary compensation, two types of surrogacy exist, altruistic and commercialized. A lot of questions come to light such as: Is the altruistic surrogacy a humane gesture for all contracted parties? What if the mother changes her mind? Do the babies born of surrogacy mothers have rights? In North Macedonia, surrogacy was introduced for the first time in 2014 in the amended Law on Biomedicine and Assisted Fertilization. It was a novelty having in mind that in the Law of 2008 the surrogacy as a practice was outlawed. The amended law applies the term gestational mother and provides a liberal stance, but many provisions are unclear.
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Tyuvina, N. A., and A. O. Nikolaevskaya. "Assisted reproductive technologies: psychoneurological, moral-ethical, and socio-cultural aspects." Neurology, Neuropsychiatry, Psychosomatics 12, no. 5 (October 25, 2020): 104–10. http://dx.doi.org/10.14412/2074-2711-2020-5-104-110.
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The paper provides a definition of sexual and reproductive health and infertility and also reflects modern ideas about ways to overcome infertility using assisted reproductive technologies, such as in vitro fertilization (IVF) and surrogacy. It shows the specificity of the impact of an IVF procedure on the mental health of a potential mother. The features of the neonatal health status, as well as neuropsychiatric disorders in babies born using the IVF procedure are described. The authors present two types of surrogacy (traditional and gestational ones) and the features of their use in different countries according to governmental legislative regulation, socioeconomic and religious factors, and cultural traditions in society. They unveil the features of a psychological relationship between the mother (surrogate and presumed one) and the fetus. The consequences of surrogacy for a surrogate mother, genetic parents, and a child himself/herself are noted to be little studied. It is shown that the development of assisted reproductive technologies (IVF and surrogacy), on the one hand, helps fight infertility and, on the other hand, entails a number of problems (moral and ethical, legal, cultural and religious, socioeconomic, and neuropsychiatric ones) that need to be solved in order to prevent psychological, neurological, and mental abnormalities in all the participants (a surrogate mother, an unborn child, and potential parents) in the assisted reproductive process:
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Yevtieieva, Daryna P., Andrii V. Lapkin, and Vladyslav V. Karelin. "EAST SLAVIC SURROGATE MOTHERHOOD: STATE OF LEGAL REGULATION AND RISK OF HUMAN RIGHTS VIOLATION." Wiadomości Lekarskie 73, no. 12 (2020): 2882–89. http://dx.doi.org/10.36740/wlek202012230.
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The aim: The aim of the study is to determine the state of legal regulation of surrogacy in Ukraine, Russian Federation and Belarus, to identify risks of human rights violations, to identify legal and medical mechanisms to combat the exploitation of women, and to outline a portrait of a surrogate mother. Materials and methods: The empirical basis is the legislation of Ukraine, Russian Federation and Belarus, which regulates the service of surrogacy, information from the websites of agencies and clinics in this area, as well as personal stories of 41 surrogate mothers, set out in open sources. The following methods were used: dialectical, comparative, statistical, induction and deduction, questionnaire, analysis and synthesis, content analysis. Conclusions: The results of the study clarify both the common features of the legal regulation of surrogacy in the East Slavic countries, and the specifics of each of them; the main problems in the field of its application are outlined; the risks of violation of the rights of genetic parents, children and surrogate mothers are characterized. Legal and medical mechanisms for counteracting the exploitation of surrogate mothers have been identified.
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Abrams, Paula. "The Bad Mother: Stigma, Abortion and Surrogacy." Journal of Law, Medicine & Ethics 43, no. 2 (2015): 179–91. http://dx.doi.org/10.1111/jlme.12231.
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Surrogacy and abortion represent two facets of procreative liberty, the right to reproduce and the right to avoid reproducing. Research on stigma associated with abortion and surrogacy illuminates how these very different experiences carry similar stigmatic harm. Why do certain decisions about reproduction engender social support, other decisions social disapproval? Restrictions on surrogacy and abortion derive from a common legal paradigm — state regulation on the pregnant body — that is rooted in traditional gender roles. Not all laws restricting abortion and surrogacy evince gender stereotyping. Abortion and surrogacy pose complex moral and social dilemmas. But research of stigma associated with abortion and surrogacy suggests that gender stereotypes play a role in the creation of stigma.
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vHonandar, Yessenia, Shanti Hendrata, and Fiona Pelafu. "Inheritance Rights of a Child Born From a Surrogate Mother According to Indonesian Law." Journal of Social Sciences Research, no. 52 (January 25, 2019): 424–30. http://dx.doi.org/10.32861/jssr.52.424.430.
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Throughout the lives of human beings, starting from one’s birth to their death, one may see that rights and obligations are always present. The issue of inheritance comes up at the end of a person’s life. The division of one’s inheritance is a complex matter, especially when it comes to the right to inherit for a child that is born from a Surrogate Mother. Surrogacy procedures are a form of Assisted Reproductive Technologies that aids married couples who are unable to have an offspring naturally due to health issues or abnormalities, and therefore must be assisted by these treatments. There are two different types of Surrogacy, namely Traditional Surrogacy and Gestational Surrogacy. Traditional Surrogacy is legally allowed in Indonesia, but there are no laws that specifically regulate Gestational Surrogacy; there are however, laws that imply the prohibition of it being practiced as a method of Assisted Reproductive Technologies. According to Indonesian laws, a child born from Gestational Surrogacy is considered either an illegitimate child or a child born from adultery, thus creating a problem regarding their inheritance, for the child will be unable to receive inheritance from their parents, even though the intent of Gestational Surrogacy is to have a child for the intended parents to raise as their own. This article will discuss the legality of Gestational Surrogacy as well as the issue of inheritance for a child born by the procedure; this includes regulations that tackle the issue and hopeful solutions for the issue at hand.
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Malmquist, Anna, and Sonja Höjerström. "Constructions of surrogates, egg donors, and mothers: Swedish gay fathers’ narratives." Feminism & Psychology 30, no. 4 (May 14, 2020): 508–28. http://dx.doi.org/10.1177/0959353520922415.
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The study explored in detail how Swedish gay fathers (through surrogacy) talked about the surrogate mother and the egg donor. Thirteen semi-structured interviews with 22 gay fathers were conducted and analysed using critical discursive analysis. The surrogates were primarily constructed as a close family member, but occasionally in terms of their instrumental function. They were often described as active and independent, but occasionally as vulnerable or exploited. The egg donors were in some interviews constructed as close family members, while others talked about them as distant acquaintances. Further, donors were constructed either as a significant individual (for the fathers), or as an instrumental provider of the oocyte. While some participants constructed the surrogate and/or donor as their child’s mother(s), others were more reluctant or ambivalent about the mother construct. In conclusion, the participants engaged in rhetorical work that shed a positive light on surrogacy, and their own decisions were depicted as solid, ethical and genuine. The participants’ positive framing can be understood as the production of a counter discourse, in relation to an ongoing debate in Sweden, in which surrogacy is constructed as exploitation, dehumanization and prostitution.
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Xiao, Yongping, Jue Li, and Lei Zhu. "Surrogacy in China: A Dilemma Between Public Policy and the Best Interests of Children." International Journal of Law, Policy and the Family 34, no. 1 (April 1, 2020): 1–19. http://dx.doi.org/10.1093/lawfam/ebz018.
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Abstract Driven by high demands from society, the surrogacy industry has flourished in recent years in China with an estimate of 10,000 resulting children born every year. The legislature has deliberately chosen to refrain from prescribing rules on how surrogacy should be managed and governed in China. Through adjudicating surrogacy-related disputes, Chinese courts have played a crucial role in establishing the framework under which surrogacy operates. Applying Article 3 of the 2001 Measure expansively in conjunction with some general principles such as public order and morals, the court has laid down a de facto general ban on surrogacy of any form. The assignment of legal parentage has been influenced by this public policy consideration and Chinese courts ruled out the enforceability of parentage transfer agreements between the parties. With the surrogate carrier being designated as the natural mother and intending mother as the social parent, this arrangement creates further uncertainties and confusion over legal parentage and custody, which is not in the best interest of the resulting child.
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Rahayu Gorda, A. A. A. Ngr Sri, Ni Ketut Elly Sutrisni, and I. Gusti Agung Ayu Mas Triwulandari. "The Legal Status of Surrogacy Agreement According to Contract Law in Indonesia." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 8, no. 4 (December 31, 2019): 471. http://dx.doi.org/10.24843/jmhu.2019.v08.i04.p03.
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Indonesia does not yet have specific rules regarding surrogate mother or surrogacy agreement. The purpose of this paper is to analyze the position of surrogacy agreement according to contract law in Indonesia. It is a normative legal research that raising legal issues regarding the position of surrogacy agreement according to contract law in Indonesia. The results of the study showed that according to the elements of the legality of the agreement as stipulated in Article 1320 of the Indonesian Criminal Code, the surrogacy agreement did not fulfill the objective conditions of the agreement that entails a null and void. Besides, the surrogacy agreement did not fulfill the elements of propriety and custom and was prohibited by the Law
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Subedi, Madhusudan. "Contractual Transaction: How Renting a Uterus Makes the Human Body a Commodity in Nepal." Dhaulagiri Journal of Sociology and Anthropology 9 (December 7, 2015): 1–25. http://dx.doi.org/10.3126/dsaj.v9i0.14020.
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The issue of surrogate motherhood has started public debates in Nepal. With surrogacy a child becomes the object of a legal transaction, while the surrogate mother is used, in effect as an incubator, and the hospital declares commissioned parents’ name of a newborn child. The poor women in low-income countries have been used as means to compensate for the reproductive deficiencies of high-income infertile parents. Do purchasing cheaper services, receiving surrogates easier, and having the possibility of gender selection, all in the poor countries, support ‘surrogacy tourism’ or is it a kind of exploitative relationship? Until today, Nepal’s laws do not have any specific provision to deal with surrogacy and, therefore, it is urgent to address the challenges with commercial surrogacy and establish a precise legal policy.
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Poole, Annabelle, Hannah Pearman, Ellie Pook, Gledisa Qokthi, and Jasmine Rushworth. "The Surrogacy Arrangements Act 1985." Student Journal of Professional Practice and Academic Research 1, no. 1 (February 1, 2019): 58–64. http://dx.doi.org/10.19164/sjppar.v1i1.798.
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Surrogacy is the act of a woman bearing a child for another person/couple who are unable to carry a child themselves. Sometimes this can be the only way for people to have a child genetically and therefore is commonly used. This process is governed by The Surrogacy Arrangements Act 1985 and some provisions of the Human Fertilisation and Embryology Act 1990-2008. This is an area of law which has provoked controversy and is in need of being critically examined. The Law Commission have identified possible issues surrounding the law on surrogacy, these include, how the law is regulated, the exploitation of surrogates and parental orders. Until parental orders are granted, which is not done until six weeks after the birth of the child, the parents are not permitted to make any medical decisions about their child. The Law Commission have looked into these areas in the Law Commissions 13th programme of law reform. As a group, we have researched into these areas but also expanded our research to see what happens if the surrogate mother or parents die, if the surrogate mother changes her mind and wants to keep the child and if the parents refuse the child/abortion rights.
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Aznar, Justo, and Julio Tudela. "Gestational surrogacy. Ethical aspects / Maternità surrogata. Questioni etiche." Medicina e Morale 67, no. 3 (July 30, 2018): 277–90. http://dx.doi.org/10.4081/mem.2018.539.
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Gestational surrogacy is the practice that takes place when a woman becomes pregnant with a foetus with which she is not genetically related, and the eggs used to produce it come from a donor or the contracting mother, to whom the baby will be handed over after the birth. The woman acting as surrogate may be contracted commercially and remunerated for her service, or the surrogacy may be altruistic, a circumstance that arises when, generally, a member of the family or friend selflessly volunteers. The ethical debate lies in which should prevail: the hypothetical right of the parents to have a child, the reproductive rights of the woman, or even the good of the child itself. At the heart of the matter is the risk of “objectification” of the gestational mother and the child itself. To resolve this question, we must assess the overall ethical principles of the reproductive process and what it implies for all parties involved, as well as the ethicality of the means used and the end pursued. Instrumentalisation of mother and child invalidates any other reason that may be adduced to positively value gestational surrogacy, from an ethical point of view.----------La maternità surrogata è quella pratica che ha luogo allorché una donna rimane incinta di un feto con il quale non è geneticamente collegata, e le uova usate per produrlo provengono da un donatore o da una madre con cui si sia stipulato un contratto, a cui il bambino sarà consegnato dopo la nascita. Con la donna che agisce come surrogata può essere stipulato un contratto commerciale ed ella può essere remunerata per il suo servizio, oppure la maternità surrogata può essere altruistica, una circostanza che si verifica, in genere, quando un membro della famiglia o un amico si offre volontariamente in maniera disinteressata. Il dibattito etico si riferisce a quel che dovrebbe prevalere: l’ipotetico diritto dei genitori di avere un figlio, i diritti riproduttivi della donna, o anche il bene del bambino stesso. Il nocciolo della questione è il rischio di “oggettivazione” della madre gestazionale e del bambino stesso. Per affrontare questa questione, occorre valutare i principi etici generali del processo riproduttivo e quel che implica per tutte le parti coinvolte, nonché l’eticità dei mezzi utilizzati e il fine perseguito. Da un punto di vista etico, la strumentalizzazione della madre e del bambino invalida qualsiasi altra ragione che possa essere addotta per sostenere il valore positivo della maternità surrogata.
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Deharo, Gaëlle, and Allane Madanamoothoo. "Is International Surrogacy the Lark’s Glimmer?: When Covid-19 Reveals the Legal Insecurity of Surrogacy Use." European Journal of Health Law 27, no. 4 (August 27, 2020): 345–67. http://dx.doi.org/10.1163/15718093-bja10025.
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Abstract If globalisation has led to a greater mobility of people specific issues have emerged with the current coronavirus pandemic. Consequently, extreme measures have been taken worldwide to flatten the curb of the virus. From lockdowns to several levels of isolation these measures have worked undoubtedly for some situations. Nonetheless, these same measures have sown chaos in other situations. One good example is surrogacy especially when this practice is undergone overseas, revealing the legal insecurity of the use of surrogacy whether for the intended parents, the surrogate born child or the surrogate mother for whom the risks have heightened.
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Simopoulou, M., K. Sfakianoudis, P. Tsioulou, A. Rapani, G. Anifandis, A. Pantou, S. Bolaris, et al. "Risks in Surrogacy Considering the Embryo: From the Preimplantation to the Gestational and Neonatal Period." BioMed Research International 2018 (July 17, 2018): 1–9. http://dx.doi.org/10.1155/2018/6287507.
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Surrogacy is an assisted reproduction-based approach in which the intended parents assign the gestation and birth to another woman called the surrogate mother. The drivers of surrogacy refer largely to infertility, medical conditions, same-sex couples’ parenting, and cases of diversity regarding sexual identity and orientation. Surrogacy consists of a valid option for a variety of conditions or circumstances ranging from medical to social reasons. However, surrogacy may be associated with risks during the preimplantation, prenatal, and neonatal period. It became obvious during the exhaustive literature research that data on surrogacy and its association with factors specific to the IVF practice and the options available were not fully represented. Could it be that surrogacy management adds another level of complexity to the process from the ovarian stimulation, the subsequent IVF cycle, and the techniques employed within the IVF and the Genetic Laboratory to the fetal, perinatal, and neonatal period? This work emphasizes the risks associated with surrogacy with respect to the preimplantation embryo, the fetus, and the infant. Moreover, it further calls for larger studies reporting on surrogacy and comparing the surrogate management to that of the routine IVF patient in order to avoid suboptimal management of a surrogate cycle. This is of particular importance in light of the fact that the surrogate cycle may include not only the surrogate but also the egg donor, sperm donor, and the commissioning couple or single person.
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Zingler, Emilie, Angélica Amato, Alysson Zanatta, Maria Vogt, Miriam Wanderley, Coríntio Mariani Neto, and Alberto Zaconeta. "Lactation Induction in a Commissioned Mother by Surrogacy: Effects on Prolactin Levels, Milk Secretion and Mother Satisfaction." Revista Brasileira de Ginecologia e Obstetrícia / RBGO Gynecology and Obstetrics 39, no. 02 (February 2017): 086–89. http://dx.doi.org/10.1055/s-0037-1598641.
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Case report of a 39-year-old intended mother of a surrogate pregnancy who underwent induction of lactation by sequential exposure to galactagogue drugs (metoclopramide and domperidone), nipple mechanical stimulation with an electric pump, and suction by the newborn. The study aimed to analyze the effect of each step of the protocol on serum prolactin levels, milk secretion and mother satisfaction, in the set of surrogacy. Serum prolactin levels and milk production had no significant changes. Nevertheless, the mother was able to breastfeed for four weeks, and expressed great satisfaction with the experience. As a conclusion, within the context of a surrogate pregnancy, breastfeeding seems to bring emotional benefits not necessarily related to an increase in milk production.
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Casella, Claudia, Emanuele Capasso, Lucia Terracciano, Paola Delbon, Piergiorgio Fedeli, Francesco Antonio Salzano, Fabio Policino, and Massimo Niola. "Ethical and legal issues in gestational surrogacy." Open Medicine 13, no. 1 (April 18, 2018): 119–21. http://dx.doi.org/10.1515/med-2018-0019.
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AbstractThis study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment.Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother).Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law.The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother).
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Kaur, Gurleen, and Rakesh Chawla. "Surrogacy in India: ethics versus incentive." International Journal Of Community Medicine And Public Health 8, no. 7 (June 25, 2021): 3713. http://dx.doi.org/10.18203/2394-6040.ijcmph20212633.
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The word surrogacy has its origin among the Latin term “surrogatus” which suggests a lady acts as a substitute for a pregnant woman. Surrogacy has been in practice form last thirty years. The surrogacy regulated by business can be classified as then, altruistic surrogacy and commercial surrogacy. The paper aim to conduct systematic review on surrogacy. The literature review was conducted using PubMed and alternative search engines. Further, additional information concerning the constitutional articles was collected from search engines like legal service of India, prsinndia.org, icmr.nic.in, Press Information Bureau, Wikipedia, IJCM and Indiankanoon. In India, surrogacy is legally recognised since 2002. This paper looks into various aspects of surrogacy. Factors faced by the surrogate mother such as exploitation, psychological conditions, human rights, dignity and respect, feminism and religious issues are explored. The paper discuss the economic benefit is mostly enjoyed by the medical practitioners. The Indian government tried to curb the problems by updating the law to overcome the challenges but with time government introduce the surrogacy bill in 2016 which addressed many issues and still in 2020 it address various aspects of surrogacy to prevent the exploitation.
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Rinda, Peni. "DUE TO LEGAL POSITION AND LEGAL SURROGACY AGREEMENT AS AN INNOMINAAT AGREEMENT IN THE PERPECTIVE OF CIVIL LAW, ISLAMIC LAW AND NATIONAL LAW." Jurnal Pembaharuan Hukum 6, no. 1 (July 6, 2019): 90. http://dx.doi.org/10.26532/jph.v6i1.4672.
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Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law,
This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive.
The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).
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Wilson, Robin Fretwell. "Uncovering the Rationale for Requiring Infertility in Surrogacy Arrangements." American Journal of Law & Medicine 29, no. 2-3 (2003): 337–62. http://dx.doi.org/10.1017/s0098858800002872.
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Anyone who reads numerous statutes is frequently left scratching his or her head: is this provision a deliberate, rational requirement or filler thrown in for no apparent reason? One puzzling requirement peppering state surrogacy statutes is the limitation of surrogate parenting arrangements to couples in which the intended mother is infertile, unable to bear a child or unable to carry the child without unreasonable risk to the mother or child. The legislative history of these statutes offers no explanation for this emphasis on maternal infertility.The only attempted justification for such a requirement comes from commentators who argue that it bars women who want to avoid the nuisance of being pregnant and giving birth from using a surrogate.
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Feldman, Eric A. "Baby M Turns 30: The Law and Policy of Surrogate Motherhood." American Journal of Law & Medicine 44, no. 1 (March 2018): 7–22. http://dx.doi.org/10.1177/0098858818763811.
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This article marks the 30th anniversary of the Supreme Court of New Jersey's Baby M decision by offering a critical analysis of surrogacy policy in the United States. Despite fundamental changes in both science and society since the case was decided, state courts and legislatures remain bitterly divided on the legality of surrogacy. In arguing for a more uniform, permissive legal posture toward surrogacy, the article addresses five central debates in the surrogacy literature.First, should the legal system accommodate those seeking conception through surrogacy, or should it prohibit such arrangements? Second, if surrogacy is permitted, what steps can be taken to minimize the potential exploitation of women who are willing to rent their wombs for income? Third, what criteria should govern the eligibility to serve as a surrogate mother and an intended parent? Fourth, what principle(s) should serve as the basis for determining the parentage of children born through surrogacy? Fifth, is regulatory uniformity in the surrogacy realm desirable? Is it achievable?The article concludes that courts and legislatures should accept the validity of surrogacy contracts, determine parentage according to intent, and identify transparent criteria for the eligibility of both surrogates and intended parents.
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Aznar, Justo, and Miriam Martínez Peris. "Gestational Surrogacy: Current View." Linacre Quarterly 86, no. 1 (February 2019): 56–67. http://dx.doi.org/10.1177/0024363919830840.
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Surrogate motherhood is an assisted procreation practice by which a woman gestates an embryo with which she has no biological relationship on behalf of a contracting couple or individual, having to relinquish the child to them after its birth. This practice normally entails a financial remuneration for the pregnant woman; when this is not the case, it is called altruistic surrogacy. From a medical perspective, potential problems for the surrogate and for children born through this practice should be taken into account, especially the existence of possible disabilities in the child. The bioethical aspects are of most interest because the practice of surrogacy objectifies the expectant mother, by using her body for a purpose other than her own good, treating her as a commodity, as a thing. The same is true for the child because it makes him a disposable object, something that can be instrumentalized, similarly objectifying him.
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Everington, Shanta. "Through the looking glass: Biographical writing as self-reflection." Journal of Writing in Creative Practice 12, no. 1-2 (April 1, 2019): 29–43. http://dx.doi.org/10.1386/jwcp.12.1-2.29_1.
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Combining creative writing excerpts from my Ph.D. work-in-progress, ‘The Other Mothers: Exploring adoption, surrogacy and egg donation through life writing’, with reflective commentary, this article will discuss the ways in which writing the lives of others can serve as a process of self-reflection. Inspired by my personal experience as a biological and adoptive mother, my Ph.D. project involves creative practice as research, alongside critical approaches, to culminate in the production of a multi-subject biographical narrative of women who have become mothers through adoption, surrogacy and egg donation, and their silent partners – birth mothers, surrogates and egg donors – whose stories remain largely untold.
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ANTONOV, S. V. "The Surrogacy Laws in Australia: What Can Be Useful for Ukraine." Medicne pravo 2020, no. 2 (October 18, 2020): 9–23. http://dx.doi.org/10.25040/medicallaw2020.02.009.
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The main question of this article is the identification and comparative analysis of legislative provisions of states and territories of Australia that regulate the use of surrogacy. The particular importance lies in specifying those prohibitions and restrictions, who they are applied to, and how they relate to the human right to procreation. The comparison will be made with the laws of other countries and legislative norms will be determined that will be useful for borrowing into the legislative system of Ukraine. Key words: surrogacy, assisted reproductive technologies (ART), legal regulation of ART methods, surrogate mother
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LeCain, Magdalena, Gemma Fraterrigo, and William M. Drake. "Induced Lactation in a Mother Through Surrogacy With Complete Androgen Insensitivity Syndrome (CAIS)." Journal of Human Lactation 36, no. 4 (January 2, 2020): 791–94. http://dx.doi.org/10.1177/0890334419888752.
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Introduction Breastfeeding offers the optimal feeding option for newborns in terms of nutritional content and reinforces mother-infant bonding. As a physiological process intrinsically linked to parturition, breastfeeding is no longer reserved for puerperal mothers. Progress in understanding the intricacies of lactogenesis and breastfeeding has further paved the way for artificially induced lactation in recent years. Main issues We describe the case of a mother through surrogacy with XY karyotype and complete androgen insensitivity syndrome who wished to breastfeed her child. Management Through a combination of estrogen therapy, galactagogues, and mechanical breast stimulation she was able to partially breastfeed her child for one month. Conclusion This case further shifts the concept that breastfeeding is a physiological process confined to only puerperal mothers and offers an opportunity to a wider group of nontraditional mothers to take part in the unique experience of breastfeeding.
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Kovacek-Stanic, Gordana. "Biomedically assisted reproduction and child birth: Surrogate motherhood in comparative European law and Serbia." Stanovnistvo 51, no. 1 (2013): 1–21. http://dx.doi.org/10.2298/stnv1301001k.
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Surrogate motherhood is an arrangement in which a woman agrees to carry and deliver a child for another couple who ordered the pregnancy. This procedure is applied today in Great Britain, Holland (although without legal regulations), Israel, Greece, Ukraine, Armenia, Georgia, the USA and Australia, and it is forbidden in France, Austria, Spain, Germany, Switzerland and Slovenia. There are two types of surrogacy, one when the woman gives birth to a child who is genetically her own ("partial", genetic surrogacy), and the other where the surrogate mother only carries and gives birth to a child, whereby the child is genetically from the couple that wanted the child, or the fertilized egg is from a third woman (donor), or the embryo was donated ("full", "total", gestational surrogacy). In these cases two women take part in conception and birth of the child while in the last case there is a third woman who will raise the child. Biologically observed, the woman whose egg has been fertilized may be called the genetic mother, while the woman who carried the pregnancy and gave birth to the child - the gestational carrier. Taking into consideration that the Preliminary Draft of the Serbian Civil Law anticipates the introduction of surrogate motherhood into domestic law, we believe restrictive solutions should first be taken into consideration. This would mean that only full surrogating should be allowed, namely the egg should be from the woman who wants the child and not the surrogate mother. In domestic conditions, genetic surrogation should not be allowed as it leads to confusion in family relations, and kinships still have an important social and legal significance in our country. The surrogate mother should be a woman who has already given birth, because in that way any possible shocks which might arise after birth when the woman who has to handover the child to the intended couple would be avoided. The next condition would be that persons involved in this procedure should have usual residency in Serbia so as to prevent any international complications or problems. As far as compensation is concerned, only compensation of so-called reasonable expenses which the surrogate mother would incur should be allowed. The surrogate contract should be approved by a court judge, who would have the obligation to determine if all legal conditions have been fulfilled for surrogate motherhood, and to explain the contract effects to the contracting parties. Apart from that, psycho-social counselling of all persons involved in the procedure should be anticipated.
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Bracken, Lydia. "The ECtHR’s first advisory opinion: Implications for cross-border surrogacy involving male intended parents." Medical Law International 21, no. 1 (March 2021): 3–18. http://dx.doi.org/10.1177/09685332211002592.
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This article examines the content and scope of the European Court of Human Rights’s first advisory opinion as regards the practice of cross-border surrogacy in Europe. While the advisory opinion concerns the recognition of the legal parentage of an intended mother, this article considers whether the reasoning could be applied to male couples who avail of surrogacy. It is argued that the non-genetically related intended father in the male couple is in a directly comparable position to the non-genetically related intended mother in the opposite-sex couple for the purpose of legal parentage following surrogacy.
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Kamble, Shanmukh, Sangeetha P. Mane, Charlotte Petitfils, Maria Teresa Muñoz Sastre, and Paul Clay Sorum. "Mapping Young Indians’ Views Regarding the Acceptability of Surrogate Motherhood: A Pilot Survey." Universitas Psychologica 18, no. 3 (October 16, 2019): 1–11. http://dx.doi.org/10.11144/javeriana.upsy18-3.myiv.
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The objective was to map young Indians’ views regarding the acceptability of surrogacy, and to delineate the circumstances under which surrogacy is considered as especially problematic. In India, the number of fertility clinics currently operating in the whole country is estimated at over 3,000, making India the international leader in surrogacy. Very recently, however, surrogacy has become controversial. Participants (N = 430) were presented with scenarios depicting the circumstances in which a couple has contracted with a surrogate mother, and they were asked to indicate the extent to which such a contract may pose a moral problem. The scenarios involved four factors: the type of surrogacy (traditional or gestational), the mother’s level of autonomy, the family context, and whether surrogacy was of the commercial or the altruistic kind. Four different personal positions were found: a group for which (a) surrogacy always posed a moral problem (22%), (b) traditional surrogacy but not gestational surrogacy always posed a moral problem (15%), (c) surrogacy did not pose a problem each time the husband agrees with the procedure (40%), and (d) a group that chose not to express any position (23%). Although surrogacy is legal and big business, young people’s opinion seems to be divided on this issue. Even those who consider that surrogacy is not within itself an unacceptable procedure disagree regarding the conditions of its acceptability. This complex set of diverging attitudes, if replicated on large, representative samples, may explain the current government wavering on this issue and its recent decision that surrogacy services are forbidden for foreigners.
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MORGAN, DEREK. "A SURROGACY ISSUE: WHO IS THE OTHER MOTHER?" "International Journal of Law, Policy and the Family" 8, no. 3 (1994): 386–412. http://dx.doi.org/10.1093/lawfam/8.3.386.
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Joseph, James, and Dr Sr Celine E. "Redefining Motherhood: Problems of Surrogacy in Kishwar Desai’s Origins of Love." SMART MOVES JOURNAL IJELLH 8, no. 2 (February 28, 2020): 5. http://dx.doi.org/10.24113/ijellh.v8i2.10404.
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There is a great deal concerning the body of woman. The flesh trade is now a legalized business. Organ transplantation fetches lot of money to the middleman. Kishwar Desai presents the story of multi-million business of surrogacy and artificial pregnancy going on in the modern world in her novel Origins of Love. Surrogacy is the recent trend found among the economically backward women in India. Fertility clinics are mushrooming in India. The desire of the couples for a child is exploited to its maximum by the doctors. The need for money to solve some crucial problems in life drives some young women to lend their womb for upbringing the child of some other couple. The money minded doctors and the agents, who supply the surrogate mother and the commissioning parents, make the money-deal to their maximum advantage. There are many issues related to the so called womb trade. Is it not violence against motherhood and womb? Is it not a denial of a child’s maternal care? Who will be the mother to the child? How will a woman simply forget the fruit of her womb? The psychological emptiness the mother feels is so severe that it may create mental imbalance. When the healthy embryo is selected what will be the fate of the rejected embryos? Is it not an abortion outside the womb? This paper presents the problems related to surrogacy in the light of the novel Origins of Love.
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Gola, Swati. "One step forward or one step back? Autonomy, agency and surrogates in the Indian Surrogacy (Regulation) Bill 2019." International Journal of Law in Context 17, no. 1 (February 16, 2021): 58–74. http://dx.doi.org/10.1017/s174455232100001x.
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AbstractThe Indian government has recently introduced legislation to regulate ‘altruistic’ surrogacy while banning ‘commercial’ surrogacy amidst the criticism that India has become the ‘baby factory’. In the past decade, academic discourse has raised socioethical and legal issues that surfaced in the unrestricted transnational commercial-surrogacy industry. Most of the literature and ethnographic studies centred on the issues of informed consent, autonomy, decision-making and exploitation. With the proposed legislation, the Indian government has shown its will to regulate surrogacy, including the medical intermediaries as well as the contract between the intending parents and the surrogate mother-to-be. The present paper addresses the legal and socioethical context in which India introduced the Surrogacy (Regulation) Bill 2019. It examines the extent to which the proposed law responds to the legal challenges and socioethical concerns that surfaced in the course of unregulated transnational commercial-surrogacy arrangements in India. It argues that, even though the proposed legislation addresses and responds to some of the legal and ethical concerns such as informed consent and legal parentage, it stops short of ensuring the welfare and well-being of the surrogate. Second, the legal certainty of parentage and the child's rights comes at the cost of the physical and psychological well-being of the surrogate. Finally, it argues that, by presupposing the surrogate as an autonomous agent and yet imposing the requirement of marriage, the Bill overlooks the sociocultural realities of patriarchal hierarchies entrenched in Indian society – that, in its conception of ‘family’, the focus on the ‘traditional’ family not only presents a narrow view of the heteronormative family and perpetuates the patriarchal notions of gender roles, but also fails to take into consideration maternal pluralism in surrogacy arrangements, undermines the modern family and, above all, discriminates against the single person's and lesbian, gay, bisexual, transgender, and queer (LGBTQ) communities’ right to found a family. Since many countries that served as centres for international commercial-surrogacy arrangement (such as Cambodia, Thailand and Nepal) have recently started to take steps to prohibit or limit transnational surrogacy arrangements, the analysis of Indian law in the present paper will provide a useful context within which these countries can effectively regulate surrogacy while safeguarding the surrogate's rights and interests.
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I. I., Onyshchuk. "Reproductive Rights and Surrogate Motherhood: Legislative, Doctrinal and Bioethical Principles." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 69–73. http://dx.doi.org/10.33663/2524-017x-2020-11-12.
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The sphere of reproductive rights is still beyond the scope of a thorough legal analysis, and it is not given due attention in the legal literature. This may be due to the fact that the concept of reproductive rights is new to Ukrainian law and has not yet found its proper place in the general system of law. There is a lack of scientific development in the issue of protection of the rights of the child to birth, trafficking in human beings for the purpose of exploiting surrogate mothers or children born as a result of surrogate motherhood, etc. The purpose of the study is to analyze the legislative, doctrinal and moral aspects of reproductive rights and to identify effective legal measures to improve the legal regulation of surrogate motherhood in Ukraine and the proper legal protection of the child before and after birth. Experimenting with human gene material as a conception in vitro turns children into a commodity. There is an artificial situation in which wealthy men will hire women to provide contracting services to their offspring. It is difficult to disagree that in surrogate motherhood, as in any business, personal financial gain dominates. So, from this point of view, surrogacy is a kind of market and business. The conception of the child is not a right, but an opportunity that is not given to all, but surrogate motherhood turns the child into an "object of economic agreement and contract, a kind of ordering of goods." The child cannot be considered as an object of property. It is unacceptable to consider the practice of surrogacy as ethical. In addition, forced commercial surrogate motherhood falls within the definition of trafficking in human beings. The issue of reproductive technology must be addressed in such a way that the child born as a result of surrogate motherhood does not fall prey to further exploitation. The author concluded that in many countries with a licensing or altruistic regime, many aspects of the use of assisted reproductive technologies and surrogate motherhood remain unregulated. There is no clear understanding of all the principles and standards governing the use of assisted reproductive technologies and surrogacy agreements. In general, the legislation lacks sufficient standards and provisions to protect the rights of parties to surrogacy agreements. The most controversial issues are the rights of the surrogate mother, the expectant parents and the children born as a result of the surrogate motherhood. At the present stage, legal adaptation of society to the development of medicine in the field of reproductive technologies has not yet taken place in Ukraine. Cases such as the birth of several children by surrogate mothers, births of a child with developmental disabilities, birth of a dead child or miscarriage, the need for an artificial interruption of pregnancy according to the medical opinion of doctors, the termination of marriage by genetic parents, the death of one or both parents. Keywords: reproductive rights, surrogacy motherhood, legal regulation, legal protection, embryo, child rights, family, surrogacy agreement.
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Stefansdottir, Astridur. "Is ʻsurrogacyʼ an infertility treatment?" Clinical Ethics 13, no. 2 (October 27, 2017): 75–81. http://dx.doi.org/10.1177/1477750917738113.
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In this article, it is argued that it is problematic to construe the debate around the process labelled ‘surrogacy’ as a form for infertility treatment. Firstly, this way of defining what happens opens up a new form of medical desire where a growing number of people wish to have children through ‘surrogacy’. This medicalizes childlessness and creates pressure within health services to respond to the desires of an ever-growing group of patients. Secondly, this labels the woman who carries the child as a ‘surrogate’ and defines her as a core element in a ‘treatment method’. This way of phrasing and defining what happens puts the woman carrying the child in an unacceptable moral position within the health system. Thirdly, by viewing the woman carrying the child as a ‘substitute’ for a mother or as a ‘temporary custodian’ ignores the unique relationship between the foetus and the pregnant woman. To keep the ethical issues in focus in the ‘surrogacy’ process, it is necessary for health professionals to always accept the woman who goes through gestation and birth as the mother of the child. This unconditional acceptance shifts the core of the process away from the idea of ‘treatment’ and towards ‘adoption’ as the defining element in the process. Consequently, it will be easier to accept ‘surrogacy’ as a complicated and wide-ranging process as well as to secure the basic human rights of the pregnant woman and the welfare of the child being born.
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Lisovskaya, T. V., S. S. Smirnova, A. M. Gzgyan, D. E. Kireev, D. F. Salimov, R. E. Popov, and Ю. Е. Буев. "Surrogacy and HIV: features of a clinical case in comorbid cancer." Ural Medical Journal 20, no. 1 (July 12, 2021): 65–69. http://dx.doi.org/10.52420/2071-5943-2021-20-1-65-69.
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Introduction. A significant increase in the quality and increase in the life expectancy of HIV patients during treatment with antiretroviral drugs necessitates the implementation of the reproductive function in these patients. The participation of a surrogate mother in the treatment of infertility in HIV-infected potential parents, vided by the Russian legislation, requires additional solutions to a number of clinical and organizational problems. The aim was to substantiate a surrogacy program as a method of choice for the treatment of infertility in patients with HIV-positive status and comorbid cancer and also a multidisciplinary approach to organizing it on the example of a specific clinical situation and based on the analysis literature data.Materials. We report a case of using a surrogacy program for a married couple with a positive HIV status in the 4th stage of the disease using the husband's sperm and donor oocytes. The use of donor oocytes in this situation is due to the onset of menopause against the background of a comorbid severe cancer that required multiple courses of chemotherapy.Conclusion. Potential biological parents with a positive HIV status in stage 4 of the disease may have a comorbid oncological pathology, which in itself, as well as its treatment, contributes to a decrease in fertility, and for the future biological mother, it is an obstacle to independently carrying a pregnancy. In this regard, the surrogacy program is the method of choice for the treatment of infertility in this clinical situation. It is advisable for obstetricians-gynecologists (reproductologists) to inform the surrogate mother about the potential risks of infection with the participation of genetic parents with HIV-positive status at various stages of IVF and about preventive measures during gestation in conjunction with the infectious disease specialist of the regional centers for the prevention and control of AIDS.
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Lasker, Shamima Parvin, and Marcello Ghilardi. "Genetic Gestational Surrogacy: Hope for Muslims." Bangladesh Journal of Bioethics 8, no. 3 (February 4, 2018): 1. http://dx.doi.org/10.3329/bioethics.v8i3.35607.
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More than half a million couple may be suffering from infertility in the world. When in vitro fertilization is unsuccessful, surrogacy may be a substitute choice for many couples. Literature shows that ten million Muslims are infertile worldwide. According to Islamic theology the concept of surrogacy is null and void as formation of blastocyst constitutes from sperm that is transferred to the uterus of a woman who is not married to him. In Islam, marriage is the only legal procedure to procreation for preservation of lineage, inheritance, prevention of adultery and prevention of possibility of incest among the half-siblings. Genetic gestational surrogacy (sperm and ovum of husband and wife is fertilized by IVF procedure and transfer the embryos to the surrogate mother) may be free from social, legal and moral complications. Some Islamic countries have reluctant law in favour of surrogacy, as for example Iran, Lebanon and sporadic parts of the Muslim world. This article has attempted to find out a valid notion for accepting genetic gestational surrogacy in major part of the Muslim world that may reduce the peril of women who can not give a birth baby.
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Lasker, Shamima Parvin, and Marcello Ghilardi. "Genetic Gestational Surrogacy: Hope for Muslims." Bangladesh Journal of Bioethics 8, no. 3 (February 14, 2018): 1–8. http://dx.doi.org/10.3329/bioethics.v8i3.35680.
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More than half a million couples may be suffering from infertility in the world. When in vitro fertilization is unsuccessful, surrogacy may be a substitute choice for many couples. Literature shows that ten million Muslims are infertile worldwide. According to Islamic theology the concept of surrogacy is null and void as formation of blastocyst constitutes from sperm that is transferred to the uterus of a woman who is not married to him. In Islam, marriage is the only legal procedure to procreation for preservation of lineage, inheritance, prevention of adultery and prevention of possibility of incest among the half-siblings. Genetic gestational surrogacy (sperm of husband and ovum of wife is fertilized by IVF procedure and transfer the embryos to the surrogate mother) may be free from social, legal and moral complications. Some Islamic countries have reluctant law in favour of surrogacy, as for example Iran, Lebanon and sporadic parts of the Muslim world. This article has attempted to find out a valid notion for accepting genetic gestational surrogacy in major part of the Muslim world that may reduce the peril of women who can not give a birth baby.
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Konečná, Hana, and Roman Svatoš. "Issues in determining parenthood in “surrogacy”." Human Affairs 29, no. 2 (April 25, 2019): 129–44. http://dx.doi.org/10.1515/humaff-2019-0011.
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Abstract Surrogacy is a type of medically assisted reproduction (MAR), which is considered to be a relatively simple medical procedure. However, psychosocially, ethically and legally, it is extremely complicated. There has been a significant increase in interest in the procedure lately. This is largely due to the fact that it is now available to groups of applicants other than traditional heterosexual couples of reproductive age. Its purpose is to examine various approaches to determining what is legally acceptable as parenthood after surrogacy. Our conclusion is that the wishes and rights of the individual actors (intended parent(s), surrogate mother, future child, gamete donors and society as a whole) are incompatible and contradictory. None of the probable solutions suggested from different perspectives can ensure that the wishes and rights of all are fulfilled at the same time.
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Munjal-Shankar, Diksha. "Identifying the “Real Mother” in Commercial Surrogacy in India." Gender, Technology and Development 18, no. 3 (January 2014): 387–405. http://dx.doi.org/10.1177/0971852414544009.
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Pande, Amrita. "Commercial Surrogacy in India: Manufacturing a Perfect Mother‐Worker." Signs: Journal of Women in Culture and Society 35, no. 4 (June 2010): 969–92. http://dx.doi.org/10.1086/651043.
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Robertson, Barbara. "Breastfeeding Without Birthing." Clinical Lactation 7, no. 1 (2016): 37–40. http://dx.doi.org/10.1891/2158-0782.7.1.37.
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Alyssa has been helping parents and babies with breastfeeding for the past 13 years. She has been accredited as an IBCLC since 2009. Her private practice, Sweet Pea Breastfeeding Support, provides individual lactation consultations, both locally and nationwide, via phone or Skype. She is excited to announce that early 2016, Sweet Pea Breastfeeding Support will be expanding to provide online community support as well, with podcasts and webinars called Breastfeeding Outside the Box: Nourishing and Nurturing Babies in Extraordinary Families. Alyssa enjoys working with all mothers and babies, but she has an extra special place in her heart for helping mothers through adoption and surrogacy to breastfeed their babies. She is the author of Breastfeeding Without Birthing: A Breastfeeding Guide for Mothers Through Adoption, Surrogacy, and Other Special Circumstances. Alyssa is the proud mother of three breastfed children, two by birth and one by adoption.
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Siluyanova, I. V. "Ethical context of legally regulated surrogate and genetic motherhood in Russia." Obstetrics, Gynecology and Reproduction 15, no. 3 (July 9, 2021): 270–75. http://dx.doi.org/10.17749/2313-7347/ob.gyn.rep.2021.210.
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Aim: to assess the compliance of legal norms regulating surrogate motherhood and moral concepts about motherhood and childhood in society.Materials and Methods. The Articles 55 (clause 9) of the Federal Law "On the Fundamentals of Health Protection of Citizens in the Russian Federation", the principles of the Constitution of the Russian Federation, and traditional moral concepts common in society of the Russian Federation underwent a comparative analysis.Results. Discrepancies between moral and legal norms were revealed in 3 issues. Issue 1 is related to the rights for surrogacy of unmarried persons and the rights of single citizens. In an ethical context, the statement of their rights does not correspond to the rights of children to a dignified upbringing in a family composed of a mother and father. Issue 2 refers to the ethical incorrectness of compensated surrogacy contracts. Commercial surrogacy cannot be separated from transformed forms of child trafficking. Issue 3 is related to the moral degradation of motherhood upon using technologies of surrogate and genetic motherhood.Conclusion. It is necessary to conduct additional studies on using surrogate motherhood in order to prevent abuse and violations upon its application in Russia as well as open up a public discussion on this matter.
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Trynova, Ya О. "Qualification of the Surrogate Mother’s Actions in Relation to the Illegal Keeping of the Child, Born in the Surrogacy Program." Medicne pravo, no. 27(1) (February 22, 2021): 103–13. http://dx.doi.org/10.25040/medicallaw2021.01.103.
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Situations involving a surrogate mother keeping a newborn child born after assisted reproductive technology program and related criminal offenses have been considered. The qualification of actions of a surrogate mother has been offered. The peculiarity of the qualification lies in the inability of practitioners, especially law enforcement agencies, to determine the illegal actions of the surrogate mother in the presence of seemingly perfectly legal grounds for her to dispose of the child. The article focuses on documents that can serve as evidence of illegal behavior of a surrogate mother. The material can be useful primarily for lawyers practicing in the field of assisted reproductive technologies, including law enforcement officers. For potential SMs, the goal is to prevent them from committing such excesses by increasing their legal culture. After all, instead of doing a good deed and receiving a reward for it, she can get up to 15 years in prison with confiscation of her property, confiscation of her biological child, destruction of her family.
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Zandi, Mitra, Zohreh Vanaki, Marziyeh Shiva, and Eesa Mohammadi. "Process of becoming a mother for Iranian surrogacy-commissioning mothers: A grounded theory study." Japan Journal of Nursing Science 15, no. 1 (January 20, 2017): 3–16. http://dx.doi.org/10.1111/jjns.12158.
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Oda, Yukiko. "Surrogacy in the United States-The Legal Status of a Mother of Children Born Through Surrogacy." TRENDS IN THE SCIENCES 10, no. 5 (2005): 30–35. http://dx.doi.org/10.5363/tits.10.5_30.
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