Eastern And Western Perspectives On Surrogacy

Over the past 10 years, a convergence of scientific, demographic, legal and social developments has led to a significant influx of cases of international surrogacy. What was previously a marginal form of parenthood has become a multi-billion dollar industry, raising concerns for surrogate mothers, commissioning parents, and children alike. Lawyers, philosophers and health care professionals have struggled to formulate a framework to ensure the protection of surrogate mothers from exploitation, whilst combatting the vulnerability of commissioning parents to agencies and intermediaries, and providing children born as a result of this practice with certainty regarding their identity, status, and nationality. The transnational nature of the issues raised in relation to international surrogacy agreements means that individual states have struggled to take decisive action, and there remains a myriad of different responses to this issue. This book brings together experts from Eastern and Western backgrounds, to consider the way in which different jurisdictions have responded to surrogacy, both within their own borders, and when an international agreement takes place involving one of their citizens. Each chapter includes a discussion of the laws concerning the establishment and contestation of legal parentage through surrogacy under domestic law; the rules and laws concerning surrogacy arrangements on a domestic level; and approaches to recognition of legal parenthood acquired through surrogacy in other jurisdictions. In addition, the chapters consider the socio-economic context of surrogacy in the chosen jurisdictions, through questions concerning the profile of surrogate mothers and commissioning parents, the involvement of intermediaries, and the nature of the interactions between these parties. In this way, the book provides a comprehensive understanding of the confluences and tensions in the way surrogacy is approached in these jurisdictions, and seeks to identify trends emerging from these different regions. In doing so, Eastern and Western Perspectives on Surrogacy seeks to contribute to the greater understanding of the regulation of surrogacy throughout the world, and will serve as a reference work for anyone involved in practice, academia or law reform in this subject area. Jens M. Scherpe is a Reader in Comparative Law and Director of Cambridge Family Law at the University of Cambridge. He is the Honorary Professor at the University of Aalborg, Cheng Yu Tung Visiting Professor in Law at the University of Hong Kong and an Academic Door Tenant at Queen Elizabeth Building in London. Claire Fenton-Glynn is a Lecturer in Law at the University of Cambridge. She is an Associate Member of Harcourt Chambers in London. Terry Kaan is an Associate Professor of Law at Hong Kong University and Co-Director of the Centre for Medical Ethics and Law.

This book examines the phenomenon of surrogacy from a comparative perspective. Bringing together experts from 21 countries across the world, it provides a comprehensive discussion of the ways in which surrogacy is regulated in both Eastern and Western jurisdictions, and seeks to establish a common ground to move forward in this morally and legally difficult subject area.

This essential Research Handbook provides a multifaceted exploration of surrogacy and the law, examining a variety of critical yet under-researched perspectives including globalisation, power, gender, sexual orientation, genetics, human rights and family relations. It covers four distinct topics: surrogacy and rights, the interplay between surrogacy and different areas of the law, cross-border aspects, and regional perspectives.

A clinical handbook on gestational surrogacy, with thorough guidance for clinicians involved in global third-party reproductive treatment.

This book analyses the key issues affecting same-sex families in Ireland and beyond today: marriage; formalised and non-formalised same-sex relationships outside of marriage; parental rights for same-sex couples with donor-conceived or surrogate-born children; and the protections afforded to same-sex families under European human rights law. It critically examines the Irish and Australian citizen-led approaches to achieving marriage equality, which made Ireland and Australia the first and second countries in the world, respectively, to extend the institution of marriage to same-sex couples on foot of a popular vote. It analyses the pragmatic and symbolic effects of civil partnership, which was the premier means of formalising same-sex unions in Ireland. Ireland's hurried 'divorce' from civil partnership in the aftermath of marriage equality is examined in light of evidence from the U.K. indicating that this mode of relationship recognition remains popular with both same-sex and opposite-sex couples in that jurisdiction. The book goes on to consider the legal position of same-sex couples who are parenting children born via assisted reproductive techniques (ARTs) like donor-assisted human reproduction (DAHR) and surrogacy. Finally, it looks at the impact (or lack thereof) of the European Convention on Human Rights (ECHR) as regards the protection of same-sex relationships, marriage and parental rights for same-sex couples. It does this to determine what is required of Ireland and other states party to the ECHR to comply with European human rights obligations when it comes to legally recognising couples, and parents, of the same sex.

An approachable and original view of the past, present, and future of kinship in anthropology.

This book includes a number of distinct religious and secular views on the anthropological, ethical and social challenges of reproductive technologies in the light of human rights and in the context of global bioethics. It includes contributions of bioethics experts from six major religions—Buddhism, Confucianism, Christianity, Islam, Hinduism and Judaism—as well as secular authors. The chapters include commentaries discussing the content cross-religious/secular tradition to give a comparative perspective. Not only the volume editors but also the contributing authors took part in reviewing each others’ chapter making this a unique collected volume, not common in interreligious dialogue today. This text appeals to researchers and students working in the fields of bioethics and religious/secular studies.

Investigates social parents – people who function as parents but who may not be recognized as such in the eyes of the law What makes a person a parent? Around the world, same-sex couples are raising children; parents are separating and re-partnering, creating blended families; and children are living with grandparents, family friends, and other caregivers. In these situations, there is often an adult who acts like a parent but who is unconnected to the child through biogenetics, marriage, or adoption—the common paths for establishing legal parenthood. In many countries, this person is called a “social parent.” Psychologically, and especially from a child’s point of view, a social parent is a parent. But the legal status of a social parent is hotly debated. Social Parenthood in Comparative Perspective considers how the law does—and how it should—recognize social parenthood. The book begins with a psychological account of social parenthood, establishing the importance of a relationship between a child and a social parent and the harms of not protecting this relationship. It then turns to social scientists to identify and explore some circumstances when a child may have a social parent. And to compare legal responses to social parenthood, the book draws on the expertise of legal scholars in nine countries in North America and Europe. The legal contributors describe the existing laws governing social parents, critique their efficacy, and offer new insights. Though almost all of the countries analyzed have adapted to the new reality of family life by recognizing social parents in some manner, the nature and extent of the recognition varies widely. The volume concludes by discussing some of the issues flowing from the decision to recognize social parents, including whether social parents should have the same legal rights and responsibilities as other legal parents, whether all social parents must be treated identically, whether the law should limit a child to two parents, and much more. Families are changing, and the law must adapt accordingly. Social Parenthood in Comparative Perspective charts a way forward by offering solutions to help policymakers consider options for addressing social parenthood.