Regulating Commercial Global Surrogacy: the Best Interests of the Child
Karen Smith Rotabi,Susan Mapp,Kristen E. Cheney,Rowena Fong,Ruth G. McRoy +4 more
- Vol. 2, Iss: 3, pp 64-73
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TLDR
In this article, the authors advocate for the development of international law to regulate commercial global surrogacy in order to prevent children's rights violations and act in the best interests of the child.Abstract:
Concurrent with the decline in intercountry adoption, there has been an increase in commercial global surrogacy over the past decade, but no international law yet exists to reconcile conflicting national laws and protect the interests of infant/child, surrogate mother, and commissioning parent(s). Previous discussion has focused on the vulnerability of the surrogate mothers and insufficient attention has been given to the best interests of the child, despite the fact that some children have been left stateless for years as a result of conflicting policies. Using the principles of the Hague Convention on Intercountry Adoption, social workers and policy makers should advocate for the development of international law to regulate commercial global surrogacy in order to prevent children’s rights violations and act in the best interests of the child.read more
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Journal ArticleDOI
Surrogacy and “Procreative Tourism”. What Does the Future Hold from the Ethical and Legal Perspectives?
TL;DR: In this paper, the authors explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents, and outline an organic and exhaustive framework of rules, which should take into account the multiplicity of interests at stake, in keeping with a fair and sustainable balance when regulating such practices.
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Surrogacy relationships : A critical interpretative review
TL;DR: A critical interpretative review of existing qualitative research investigating accounts of ‘lived experience’ of surrogates and intended parents from a relational perspective proposes a typology of surrogacy arrangements that goes beyond the division between altruistic versus commercial, and traditional versus gestational surrogacy.
Posted Content
To Prohibit or Permit: What Is the (Human) Rights Response to the Practice of International Commercial Surrogacy?
TL;DR: The legal and ethical dilemmas arising from international commercial surrogacy have been examined by the Hague Conference on Private International Law (HCIL) whose Permanent Bureau has prepared two preliminary reports, which seek to address the practical needs in the area and examine whether a multilateral convention might address the private international law issues arising under international surrogacy arrangements as discussed by the authors.
Journal ArticleDOI
Current perspectives on the ethics of selling international surrogacy support services
TL;DR: In this article, the authors present current knowledge on selling surrogacy support services in developing countries and discuss ethical issues that are present and unresolved by following the journey of surrogate mothers and highlighting the position of children whose well-being is generally assumed in surrogacy arrangements.
Journal ArticleDOI
Moral frameworks of commercial surrogacy within the US, India and Russia.
TL;DR: The authors found that in the US, interviewed surrogates, intended parents and professionals understood surrogacy as an exchange of both gifts and commodities, where gift-giving, reciprocity, and relatedness between surrogates and intended parents were the major tropes.