Surrogacy Arrangements And Legal Parenthood
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Surrogacy Arrangements And Legal Parenthood
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Author : Jane Stoll
language : en
Publisher:
Release Date : 2013
Surrogacy Arrangements And Legal Parenthood written by Jane Stoll and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Human reproductive technology categories.
Status Of Children Arising From Inter Country Surrogacy Arrangements
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Author : Michael Wells-Greco
language : en
Publisher:
Release Date : 2016
Status Of Children Arising From Inter Country Surrogacy Arrangements written by Michael Wells-Greco and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Adopted children categories.
Through a comparative review of eight legal systems, this book examines the legal aspects of parenthood and nationality following inter-country surrogacy arrangements and the influence of European and international human rights law on the determination of parentage, the establishment of nationality, and the prevention of statelessness, as well as identity rights, continuation of relationship rights, and, more broadly, child protection. The research considers whether national laws on parenthood and the establishment of nationality sufficiently protect the interests of the surrogate-born child, as well as the parties to a surrogacy arrangement in accordance with identifiable standards under European and international human rights law. Soft law and hard law recommendations are provided to protect the interests of these children. Thesis. *** Librarians: ebook available [Subject: International Law, European Law, Human Rights Law, Family Law, Children's Law, Comparative Law]
International Surrogacy Arrangements
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Author : Katarina Trimmings
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-05-17
International Surrogacy Arrangements written by Katarina Trimmings and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-17 with Law categories.
This book addresses the pressing challenges presented by the proliferation of international surrogacy arrangements. The book is divided into three parts. Part 1 contains National Reports on domestic approaches to surrogacy from Argentina, Australia, Belgium, Brazil, China, Czech Republic, France, Germany, Greece, Guatemala, Hungary, India, Ireland, Israel, Mexico, Netherlands, New Zealand, Russia, South Africa, Spain, Ukraine, United Kingdom, United States and Venezuela. The reports are written by domestic specialists, each demonstrating the difficult and urgent problems arising in many States as a result of international surrogacy arrangements. These National Reports not only provide the backdrop to the authors' proposed model regulation appearing in Part 3, but serve as a key resource for scrutinising the most worrying incompatibilities in national laws on surrogacy. Part 2 of the book contains two contributions that provide international perspectives on cross-border surrogacy such as the 'human rights' perspective. Part 3 contains a General Report, which consists of an analysis of the National Reports appearing in Part 1, together with a proposed model of regulation of international surrogacy arrangements at the international level written by the two co-editors, Paul Beaumont and Katarina Trimmings. The research undertaken by Katarina Trimmings and Paul Beaumont from 2010 to 2012 was funded by the Nuffield Foundation. This title is included in Bloomsbury Professional's Family Law online service.
Recognition Of Parental Responsibility
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Author :
language : en
Publisher:
Release Date : 2010
Recognition Of Parental Responsibility written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
The note presents the main challenges to the national jurisdictions in the EU resulting from the advance in medicine, free movement and children's rights as well as the current legal position across EU member states on legal parenthood with a focus on surrogacy arrangements. Their cross-border implications are addressed with a view on possible EU action.
Research Handbook On Surrogacy And The Law
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Author : Katarina Trimmings
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-03-14
Research Handbook On Surrogacy And The Law written by Katarina Trimmings and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-14 with Law categories.
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.
Surrogacy Law And Human Rights
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Author : Paula Gerber
language : en
Publisher: Routledge
Release Date : 2016-03-03
Surrogacy Law And Human Rights written by Paula Gerber and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Medical categories.
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.
Fundamental Legal Problems Of Surrogate Motherhood Global Perspective
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Author : Piotr Mostowik
language : en
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Release Date : 2019-07-01
Fundamental Legal Problems Of Surrogate Motherhood Global Perspective written by Piotr Mostowik and has been published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-01 with Law categories.
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.
Regulating International Surrogacy Arrangements
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Author :
language : en
Publisher:
Release Date : 2016
Regulating International Surrogacy Arrangements written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Surrogacy is a very sensitive topic, which raises a number of ethical concerns and is regulated in various ways in different EU Member States. Some jurisdictions - e.g. France, Germany, Italy and Sweden - ban both altruistic and commercial surrogacy, while others - e.g. Greece and the UK - allow the practice as long as it is not commercial, and still others have adopted either very limited legislation or none at all on the topic. A substantial account of these variations is to be found in the 2013 study commissioned by the Policy Department on Citizens' Rights and Constitutional Affairs of the European Parliament, 'A comparative study on the regime of surrogacy in EU Member States'. Beyond ethical and legal discussions, the practice of international surrogacy arrangements1 is developing, raising a number of issues of private international law and fundamental rights which have a direct impact on the lives of citizens. These issues include the determination of parentage, the civil status of the child, the child's nationality, the right to family life, and the merchandising of the human body and the commodification of the child. While family law in general and surrogacy in particular are mainly matters of national competence, the EU is empowered to act on those aspects having cross-border implications (see Article 81(3) of the Treaty on the Functioning of the European Union (TFEU)). Accordingly, the present briefing focuses on the legal consequences of the developing social practice, and aims to provide avenues for reflection on possible solutions at EU level. The 2013 study pointed out three major aims to be pursued should an EU legislation be adopted: certainty as to the legal parenthood of the child; the child's entitlement to leave the country of origin; and the child's entitlement to reside permanently in the receiving country. The possible need for EU action was discussed earlier in a study published by the Policy Department in 2010 ('Recognition of Parental Responsibility: Biological Parenthood v. Legal Parenthood, i.e. Mutual Recognition of Surrogacy Agreements: What is the Current Situation in the MS? Need for EU Action?'). More recently, the JURI committee asked the Policy Department to organise a Policy Hub on this topic: this took place on 16 June 2016. The present briefing builds on discussions held on that occasion, and aims to take stock of, firstly, current cross-border legal issues in the field, and, secondly, possible avenues to tackle these, both from an academic point of view and, more practically, by looking at current regulatory work carried out at international level.
Laws And Policies On Surrogacy
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Author : Harleen Kaur
language : en
Publisher: Springer Nature
Release Date : 2021-09-27
Laws And Policies On Surrogacy written by Harleen Kaur and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
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.
A Critical Evaluation Of Legal Social Aspects Of Surrogacy In India
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Author : Dr. Manpreet Kaur Rajpal
language : en
Publisher: Notion Press
Release Date : 2022-08-30
A Critical Evaluation Of Legal Social Aspects Of Surrogacy In India written by Dr. Manpreet Kaur Rajpal and has been published by Notion Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-30 with Law categories.
Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman agrees to delivery/labour for another person or people, who will become the child's parent(s) after birth. People may seek a surrogacy arrangement when pregnancy is medically impossible, when pregnancy risks are dangerous for the intended mother, or when a single man or a male couple wish to have a child. Surrogacy is considered one of many assisted reproductive technologies. In surrogacy arrangements, monetary compensation may or may not be involved. Receiving money for the arrangement is known as commercial surrogacy. The legality and cost of surrogacy varies widely between jurisdictions, sometimes resulting in problematic international or interstate surrogacy arrangements. Couples seeking a surrogacy arrangement in a country where it is banned sometimes travel to a jurisdiction that permits it. In some countries, surrogacy is legal only if money does not exchange hands.