Surrogacy Laws A Critical Analysis

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Surrogacy laws - A critical analysis

Author : Priyanka Kumari
Publisher : BlueRose Publishers
Page : 167 pages
File Size : 45,9 Mb
Release : 2020-05-08
Category : Law
ISBN : 8210379456XXX

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Surrogacy laws - A critical analysis by Priyanka Kumari Pdf

Surrogacy, Law and Human Rights

Author : Paula Gerber,Katie O'Byrne
Publisher : Routledge
Page : 246 pages
File Size : 47,7 Mb
Release : 2016-03-03
Category : Medical
ISBN : 9781317048213

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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.

Research Handbook on Surrogacy and the Law

Author : Katarina Trimmings,Sharon Shakargy,Claire Achmad
Publisher : Edward Elgar Publishing
Page : 547 pages
File Size : 46,7 Mb
Release : 2024-03-14
Category : Law
ISBN : 9781802207651

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Research Handbook on Surrogacy and the Law by Katarina Trimmings,Sharon Shakargy,Claire Achmad Pdf

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.

Surrogate Motherhood

Author : Lawrence O. Gostin
Publisher : Indiana University Press
Page : 396 pages
File Size : 51,5 Mb
Release : 1990-05-22
Category : Medical
ISBN : 0253115205

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Surrogate Motherhood by Lawrence O. Gostin Pdf

"... glimpses of intriguing changes in social arrangements and cultural understandings in relation to surrogacy. Disturbing motherhood indeed." -- New Scientist "Larry Gostin has put together the definitive collection of essays on one of the most perplexing and titillating topics in contemporary medical ethics. This book includes contributions from some of the leading scholars on the legal, ethical, and social aspects of surrogacy, as well as several critical perspectives on the famous Baby M case -- must reading for understanding the surrogate motherhood controversy." -- Robert M. Veatch "Highly recommended... " -- Choice "... a valuable resource for those concerned with an exceedingly difficult ethical, legal, and political problem."Â -- Ethics "There is a wealth of information here on the current 'status questionis' in the United States, and anyone involved in the surrogacy debate, in the U.S. or otherwise, will find working through this material very worthwhile." -- Canadian Philosophical Review "... an excellent sample of some of the best and most varied thinking so far on the numerous conceptual, moral, social, and policy questions raised by contract motherhood." -- The Journal of Clinical Ethics

Surrogacy in Canada

Author : Vanessa Gruben,Alana Cattapan,Angela Cameron
Publisher : Unknown
Page : 330 pages
File Size : 51,8 Mb
Release : 2018-11-28
Category : LAW
ISBN : 1552214885

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Surrogacy in Canada by Vanessa Gruben,Alana Cattapan,Angela Cameron Pdf

This book brings together a range of perspectives on the governance of surrogacy in Canada. It offers insight into how to address the challenges of regulating, and how to (re)think the governance of surrogacy in ways that address the health, well-being, and autonomy of surrogates. It also provides long-awaited data about how surrogacy is occurring.

A Critical Approach to Surrogacy

Author : Damien W Riggs,Clemence Due
Publisher : Routledge
Page : 305 pages
File Size : 47,9 Mb
Release : 2019-02-01
Category : Psychology
ISBN : 9781317301950

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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.

Surrogate Motherhood

Author : Martha A. Field
Publisher : Harvard University Press
Page : 258 pages
File Size : 54,6 Mb
Release : 2009-07-01
Category : Law
ISBN : 9780674036833

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Surrogate Motherhood by Martha A. Field Pdf

With an Expanded Appendix on the Current Legal Status of Surrogacy Arrangements A practice known since Biblical times, surrogate motherhood has only recently leaped to prominence as a way of providing babies for childless couples—and leaped to notoriety through the dramatic case of Baby M. Contract surrogacy is officially little more than ten years old, but by 1986 five hundred babies had been born to mothers who gave them up to sperm donor fathers for a fee, and the practice is growing rapidly. Martha Field examines the myriad legal complexities that today enmesh surrogate motherhood, and also looks beyond existing legal rules to ask what society wants from surrogacy. A man’s desire to be a “biological” parent even when his wife is infertile—the father’s wife usually adopts the child—has led to this new kind of family, and modern technology could further extend surrogacy’s appeal by making gestational surrogates available to couples who provide both egg and sperm. But is surrogacy a form of babyselling? Is the practice a private matter covered by contract law, or does adoption law govern? Is it good or bad social and public policy to leave surrogacy unregulated? Should the law allow, encourage, discourage, or prohibit surrogate motherhood? Ultimately the answers will depend on what the American public wants. In the difficult process of sorting out such vexing questions, Martha Field has written a landmark book. Showing that the problem is rather too much applicable law than too little, she discusses contract law and constitutional law, custody and adoption law, and the rights of biological fathers as well as the laws governing sperm donation. Competing values are involved all along the legal and social spectrum. Field suggests that a federal prohibition would be most effective if banning surrogacy is the aim, but federal prohibition might not be chosen for a variety of reasons: a preference for regulating surrogacy instead of driving it underground; a preference for allowing regulation and variation by state; or a respect for the interests of people who want to enter surrogacy arrangements. Since the law can support a wide variety of positions, Field offers one that seems best to reconcile the competing values at stake. Whether or not paid surrogacy is made illegal, she suggests that a surrogate mother retain the option of abiding by or canceling the contract up to the time she freely gives the child to the adopting couple. And if she cancels the contract, she should be entitled to custody without having to prove in court that she would be a better parent than the father.

Full Surrogacy Now

Author : Sophie Lewis
Publisher : Verso Books
Page : 225 pages
File Size : 40,7 Mb
Release : 2021-08-31
Category : Social Science
ISBN : 9781786637307

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Full Surrogacy Now by Sophie Lewis Pdf

Where pregnancy is concerned, let every pregnancy be for everyone. Let us overthrow, in short, the “family” The surrogacy industry is estimated to be worth over $1 billion a year, and many of its surrogates around the world work in terrible conditions—deception, wage-stealing and money skimming are rife; adequate medical care is horrifyingly absent; and informed consent is depressingly rare. In Full Surrogacy Now, Sophie Lewis brings a fresh and unique perspective to the topic. Often, we think of surrogacy as the problem, but, Full Surrogacy Now argues, we need more surrogacy, not less! Rather than looking at surrogacy through a legal lens, Lewis argues that the needs and protection of surrogates should be put front and center. Their relationship to the babies they gestate must be rethought, as part of a move to recognize that reproduction is productive work. Only then can we begin to break down our assumptions that children “belong” to those whose genetics they share. Taking collective responsibility for children would radically transform our notions of kinship, helping us to see that it always takes a village to make a baby.

Solid

Author : Kumkum Sangari
Publisher : Unknown
Page : 0 pages
File Size : 49,6 Mb
Release : 2015
Category : Girls
ISBN : 9382381511

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Solid by Kumkum Sangari Pdf

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.

Care in Healthcare

Author : Franziska Krause,Joachim Boldt
Publisher : Springer
Page : 298 pages
File Size : 49,9 Mb
Release : 2017-10-24
Category : Social Science
ISBN : 9783319612911

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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

Author : France Winddance Twine
Publisher : Routledge
Page : 118 pages
File Size : 41,5 Mb
Release : 2015-03-27
Category : Social Science
ISBN : 9781317518020

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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.

Outsourcing the Womb

Author : France Winddance Twine
Publisher : Routledge
Page : 80 pages
File Size : 49,5 Mb
Release : 2012-08-06
Category : Social Science
ISBN : 9781136164606

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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.

Discounted Life

Author : Sharmila Rudrappa
Publisher : NYU Press
Page : 224 pages
File Size : 49,6 Mb
Release : 2015-12-04
Category : Social Science
ISBN : 9781479879489

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Discounted Life by Sharmila Rudrappa Pdf

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.

A Critical Evaluation of Legal & Social Aspects of Surrogacy in India

Author : Dr. Manpreet Kaur Rajpal
Publisher : Notion Press
Page : 320 pages
File Size : 54,5 Mb
Release : 2022-08-30
Category : Law
ISBN : 9798888052945

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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.

Family Law

Author : Ruth Lamont
Publisher : Oxford University Press
Page : 712 pages
File Size : 42,7 Mb
Release : 2022-03-11
Category : Domestic relations
ISBN : 9780192893536

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Family Law by Ruth Lamont Pdf

Family Law offers an engaging and debate-driven guide to the subject, with each chapter crafted by a team of highly experienced teachers writing on their specialist subject under the expert editorship of Ruth Lamont. Each chapter is a superbly clear guide to the topic, structured around the key debates central to that topic, which are then explored in detail throughout the chapter. Students are thereby introduced to an enlightening range of perspectives on the key issues in family law today, allowing them to formulate their own opinions and arguments. The social, economic, and political backdrop to each topic is also extensively discusssed to ensure that students' understanding is grounded in this essential context. Family Law is a critical and modern guide to this dynamic subject.