A Critical Evaluation Of Legal Social Aspects Of Surrogacy In India
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A Critical Evaluation of Legal & Social Aspects of Surrogacy in India by Dr. Manpreet Kaur Rajpal Pdf
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.
Winner, American Sociological Association Asia and Asian America Section Best Book on Asia/Transnational Asia Finalist, 2015 C. Wright Mills Award from the Society for the Study of Social Problems India is the top provider of surrogacy services in the world, with a multi-million dollar surrogacy industry that continues to grow exponentially, as increasing numbers of couples from developed nations look for wombs in which to grow their babies. Some scholars have exulted transnational surrogacy for the possibilities it opens for infertile couples, while others have offered bioethical cautionary tales, rebuked exploitative intended parents, or lamented the exploitation of surrogate mothers—but very little is known about the experience of and transaction between surrogate mothers and intended parents outside the lens of the many agencies that control surrogacy in India. Drawing from rich interviews with surrogate mothers and egg donors in Bangalore, as well as twenty straight and gay couples in the U.S. and Australia, Discounted Life focuses on the processes of social and market exchange in transnational surrogacy. Sharmila Rudrappa interrogates the creation and maintenance of reproductive labor markets, the function of agencies and surrogacy brokers, and how women become surrogate mothers. Is surrogacy solely a labor contract for which the surrogate mother receives wages, or do its meanings and import exceed the confines of the market? Rudrappa argues that this reproductive industry is organized to control and disempower women workers and yet her interviews reveal that, by and large, the surrogate mothers in Bangalore found the experience life affirming. Rudrappa explores this tension, and the lived realities of many surrogate mothers whose deepening bodily commodification is paradoxically experienced as a revitalizing life development. A detailed and moving study, Discounted Life delineates how local labor markets intertwine with global reproduction industries, how Bangalore’s surrogate mothers make sense of their participation in reproductive assembly lines, and the remarkable ways in which they negotiate positions of power for themselves in progressively untenable socio-economic conditions.
Sex selection and commercial surrogacy are practices pursued in the full glare of exposure, demystification, and critique. The female-child sex ratio continues to decline while commercial surrogacy has become a fledgling (trans)national industry. Both practices produce new subjects and agents of self-directed violence, and can be tied to the inequities of 'growth' without redistribution. Yet sex selection is usually represented as a fixture of tradition and commercial surrogacy is recast as a libertarian story of market empowerment. The book attempts, first, to work through and against the common perceptions, rationales, and imaginaries that underwrite these practices, and to analyse the familial, social and market practices, the state policies, the agential modes and retraditionalizing processes which connect them. Second, it attempts to seize the formative conjunctions in the restructuring of patriarchal familial, state and (trans)national market regimes, and to define the confluences and contradictions between them. The argument revolves around the crystallization of a (trans)national reproductive formation grounded in conception and contraception that can be mapped on the relations between waged and non-waged domestic-procreative labor which converge in accumulation processes in the transition to a neoliberal economy. It considers the implications of post-Fordist redistributions of labor, manufacture and services, as well as of familial constraint and market emancipation. Given the transnational shaping of social reproduction, and of social and postsocial bodies, it asks if patriarchal practices can be defined solely on national or regional lines, and argues that neoliberal capitalism puts both fixities and flexibilities into play. The book shows how the implications of selective procreation extend far beyond the domestic domain, and reformulates the ground of left-feminist critique towards theorizing an 'open contemporaneity' that can still account for systemic structures.
Surrogacy, Law and Human Rights by Paula Gerber,Katie O'Byrne Pdf
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.
Care in Healthcare by Franziska Krause,Joachim Boldt Pdf
This book is open access under a CC BY 4.0 license. This book examines the concept of care and care practices in healthcare from the interdisciplinary perspectives of continental philosophy, care ethics, the social sciences, and anthropology. Areas addressed include dementia care, midwifery, diabetes care, psychiatry, and reproductive medicine. Special attention is paid to ambivalences and tensions within both the concept of care and care practices. Contributions in the first section of the book explore phenomenological and hermeneutic approaches to care and reveal historical precursors to care ethics. Empirical case studies and reflections on care in institutionalised and standardised settings form the second section of the book. The concluding chapter, jointly written by many of the contributors, points at recurring challenges of understanding and practicing care that open up the field for further research and discussion. This collection will be of great value to scholars and practitioners of medicine, ethics, philosophy, social science and history.
Outsourcing the Womb by France Winddance Twine Pdf
A quiet revolution has been taking place during the past three decades. The way that children enter families has changed radically among upper middle class families. In the 1980s infertility increasing became defined as a medical problem that could be solved with assisted reproductive technologies (ART) rather than through adoption. Asexual or ‘assisted conception’ involving medical technologies such as in vitro fertilization and embryo transfers began to replace sexual reproduction for infertile couples. Third parties, referred to as surrogates are hired to assist individuals and/or couples who wish to conceive and child with whom they share a genetic tie. This has resulted in a ‘surrogate baby boom.’ Outsourcing the Womb provides a critical introduction to the global surrogacy market. A comparative analysis of the assisted reproductive technology and surrogacy industry in Egypt, Israel, India and the United States disentangles the intersecting roles of race, religion, class inequality, religious law, and global capitalism. Gestational surrogacy challenges the idea of ‘natural’ reproduction and of the meaning of parenthood. What role should the state play in providing individuals and families with access to reproductive technologies? This book concludes with a discussion of ‘reproductive justice’. The goal of this new, unique series is to offer readable, teachable "thinking frames" on today’s social problems and social issues by leading scholars, all in short 60 page or shorter formats, and available for view on http://routledge.customgateway.com/routledge-social-issues.html For instructors teaching a wide range of courses in the social sciences, the Routledge Social Issues Collection now offers the best of both worlds: originally written short texts that provide "overviews" to important social issues as well as teachable excerpts from larger works previously published by Routledge and other presses.
Outsourcing the Womb by France Winddance Twine Pdf
Through case studies, Outsourcing the Womb, Second Edition provides a critical analysis and global tour of the international surrogacy landscape in Egypt, India, China, Japan, Israel, Ukraine, the European Union and the United States. By providing a comparative analysis of countries that have very different policies, this book disentangles the complex role that race, religion, class inequality, legal regimes, and global capitalism play in the gestational surrogacy market. This book provides an intersectional frame of analysis in which multiple forms of social inequality and power differences become institutionalized and restrict the access of some individuals and families while privileging others, and concludes with a discussion of "reproductive justice" and "reproductive liberty." It is an ideal addition to courses on social problems, race, gender, and inequality.
Transnational Reproduction traces the relationships among Western aspiring parents, Indian surrogates, and egg donors from around the world. In the early 2010s India was one of the top providers of surrogacy services in the world. Drawing on interviews with commissioning parents, surrogates, and egg donors as well as doctors and family members, Daisy Deomampo argues that while the surrogacy industry in India offers a clear example of “stratified reproduction”—the ways in which political, economic, and social forces structure the conditions under which women carry out physical and social reproductive labor—it also complicates that concept as the various actors in this reproductive work struggle to understand their relationships to one another. The book shows how these actors make sense of their connections, illuminating the ways in which kinship ties are challenged, transformed, or reinforced in the context of transnational gestational surrogacy. The volume revisits the concept of stratified reproduction in ways that offer a more robust and nuanced understanding of race and power as ideas about kinship intersect with structures of inequality. It demonstrates that while reproductive actors share a common quest for conception, they make sense of family in the context of globalized assisted reproductive technologies in very different ways. In doing so, Deomampo uncovers the specific racial reproductive imaginaries that underpin the unequal relations at the heart of transnational surrogacy.
Surrogacy is IndiaÕs new form of outsourcing, as couples from all over the world hire Indian women to bear their children for a fraction of the cost of surrogacy elsewhere with little to no government oversight or regulation. In the first detailed ethnography of IndiaÕs surrogacy industry, Amrita Pande visits clinics and hostels and speaks with surrogates and their families, clients, doctors, brokers, and hostel matrons in order to shed light on this burgeoning business and the experiences of the laborers within it. From recruitment to training to delivery, PandeÕs research focuses on how reproduction meets production in surrogacy and how this reflects characteristics of IndiaÕs larger labor system. PandeÕs interviews prove surrogates are more than victims of disciplinary power, and she examines the strategies they deploy to retain control over their bodies and reproductive futures. While some women are coerced into the business by their families, others negotiate with clients and their clinics to gain access to technologies and networks otherwise closed to them. As surrogates, the women Pande meets get to know and make the most of advanced medical discoveries. They traverse borders and straddle relationships that test the boundaries of race, class, religion, and nationality. Those who focus on the inherent inequalities of IndiaÕs surrogacy industry believe the practice should be either banned or strictly regulated. Pande instead advocates for a better understanding of this complex labor market, envisioning an international model of fair-trade surrogacy founded on openness and transparency in all business, medical, and emotional exchanges.
Sociological Debates on Gestational Surrogacy by Daniela Bandelli Pdf
This open access book discusses and analyses competing views and social implications of gestational surrogacy, which is making inroads as an option for parenthood as well as a work opportunity for women. It provides a rich account of transnational mobilizations for the abolition and regulation of surrogacy, with focus on United States, Italy and Mexico. The author critically assesses the core narratives of supporters and opponents of surrogacy, in order to understand this reproductive practice in light of some of the essential elements of contemporary societies, such as the “child at any cost” culture, individualism, technology and female emancipation. This book appeals to scholars, policy makers and all those who want to understand the controversial debate on this unprecedented method of family formation and life production.
A Critical Approach to Surrogacy by Damien W Riggs,Clemence Due Pdf
This comprehensive text makes an important contribution to the study of surrogacy, developing a novel theoretical framework through which to understand the broader social contexts as well as individual decisions at play within surrogacy arrangements. Drawing on empirical research conducted by the authors and supplemented by secondary analyses of media, legislative and public accounts of surrogacy, the book engages with the key stakeholders involved in the practice of surrogacy. Specifically, it canvases the standpoints of women who act as surrogates, intending parents who commission surrogacy arrangements, children born through surrogacy, clinics that facilitate the arrangements, and politicians and journalists who engage with the topic. Through a focus on capitalism as a means of orientating ourselves to the topic of surrogacy, the book highlights the vulnerabilities that potentially arise in the context of surrogacy, as well as the claims to agency invoked by some parties in order to mitigate vulnerability. In so doing, the book demonstrates that the psychology of surrogacy must be broadly understood as an orientation to particular ways of thinking about children, reproduction and economies of labour.
Assessing Genetic Risks by Institute of Medicine,Committee on Assessing Genetic Risks Pdf
Raising hopes for disease treatment and prevention, but also the specter of discrimination and "designer genes," genetic testing is potentially one of the most socially explosive developments of our time. This book presents a current assessment of this rapidly evolving field, offering principles for actions and research and recommendations on key issues in genetic testing and screening. Advantages of early genetic knowledge are balanced with issues associated with such knowledge: availability of treatment, privacy and discrimination, personal decision-making, public health objectives, cost, and more. Among the important issues covered: Quality control in genetic testing. Appropriate roles for public agencies, private health practitioners, and laboratories. Value-neutral education and counseling for persons considering testing. Use of test results in insurance, employment, and other settings.
Fundamental legal problems of surrogate motherhood. Global perspective. by Piotr Mostowik,Marta Soniewicka,Nathalie Baillon-Wirtz,Mirosław Boruta,Justyna Holocher,Błażej Kmieciak,Ewa Kozerska,Tomasz Scheffler,Katažyna Mikša,Natalja Žitkevitš,Avishalom Westreich,Andrea Nicolussi,Andrei A. Novikov ,Carlos Martínez de Aguirre,Monika Wałachowska,Alla Anatoliivna Herts,Witold Borysiak,Agnieszka Czubik,Łukasz Mirocha,Agata Niżnik-Mucha,Aleksandra Dębowska,Marcin Sokołowski,Agnieszka Wedeł-Domaradzka,Olga Bobrzyńska,Dita Frintová,Ondřej Frinta,Janusz Gajda,Rafał Łukasiewicz,Elena Júdová,Martin Píry,Wojciech Lis,Piotr Telusiewicz,Michał Wojewoda,Edyta Figura-Góralczyk,Radosław Flejszar,Piotr Rodziewicz,Konrad Burdziak,Łukasz Pohl,Wojciech Górowski,Agnieszka Laber,Dominik Zając,Karolina Sęk Pdf
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.
