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Towards the Abolition of Surrogate Motherhood by Marie-Josèphe Devillers,Ana-Luana Stoicea Deram Pdf
In this eloquent and blistering rejection of surrogacy, a range of international activists and experts in the field outline the fundamental human rights abuses that occur when surrogacy is legalised and reject neoliberal notions that the commodification of women's bodies can ever be about the 'choices' women make. They outline a range of harms that follow--to the women who are so-called surrogates, to the children born of surrogacy arrangements, to the 'intending parents' who are delivered of a child through forced separation from its mother. Catherine Lynch rails against surrogacy as the creation of babies for the express purpose of removal from their mothers, outlining the tragic outcomes for adopted people. Phyllis Chesler argues that commercial surrogacy is matricidal, "slicing and dicing biological motherhood" into egg donor, 'gestational' mother, and adoptive mother. Laura Nuño Gómez describes the surrogacy paradigm as an ethics-free zone, in which "buying whatever is for sale is possible as long as there is an agreement and that it is legal." And Melissa Farley debunks the myth of 'choice' in surrogacy. Rich women do not make the choice to become surrogates or prostitutes.
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.
"... 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
Towards a Professional Model of Surrogate Motherhood by Ruth Walker,Liezl van Zyl Pdf
This book delves deeply into modern surrogacy arrangements, responding to both practical and ethical critiques by offering a radically new model for surrogate motherhood. Current practice distinguishes between two models of surrogacy – the altruistic (unpaid) model and the commercial (paid) model, both of which present social, ethical, and conceptual challenges. This book proposes a novel arrangement for surrogate motherhood – the professional model. Inspired by professions, such as nursing, teaching, and social work, the professional model acknowledges the caring motives that surrogate mothers have while at the same time compensating them for their work. Walker and Van Zyl adopt an evidence-based approach to explain that the professional model enables trust between intended parents and surrogates, provides professional support at every stage of the relationship, affords legal protections against exploitation and commodification, and recognizes the rights and interests of all parties, including the intended baby. The model applies to both transnational and domestic surrogacy and will be of great interest to policy makers, social researchers, bioethicists, legal scholars, fertility professionals, clinicians, and graduate students in psychology, philosophy, medicine and ethics.
The Ethics of Commercial Surrogate Motherhood by Scott Rae Pdf
This study addresses the two most controversial issues in surrogate motherhood: the commercial aspect of the practice and the issue of parental rights. After setting the legal and moral backdrop of procreative liberty in general, Rae argues that commercial surrogacy is the moral equivalent of baby-selling and should be prohibited. Add to this the potential for exploitation of the surrogate in practices that are already in motion and it is not hard to see the potential for harm to the parties involved. The book concludes with a survey of state and international law to date on surrogacy and a sample legislative proposal that could be adopted by states that are currently deliberating the issues. The commercial aspect of surrogacy makes it a potentially profitable business, not only for the surrogates but also for the brokers who facilitate the arrangements. This book promotes careful forethought, a reconsideration of definitions of parenthood, and a thorough examination of cases past and pending.
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.
Broken Bonds by Jennifer Lahl,Melinda Tankard Reist,Renate Klein Pdf
Around the world thousands of couples and singles procure babies through surrogacy arrangements. Many people see surrogacy as driven by compassion for those who desire a baby. But where is the compassion for the 'surrogate' mothers and their babies? Who are the faceless, nameless women who grow the babies in their bodies and give birth to them? Women who are left with empty arms and leaking breasts after delivery? The surrogacy industry calls them special angels who make miracles possible, giving an extraordinary gift. IVF clinics call them gestational surrogates. The intended parents have promised healthcare, full reimbursement of costs, extra income and ongoing contact with the baby. What could possibly go wrong? Everything. Because surrogacy violates the human rights of the women whose bodies are used, and the rights of children who are traded as commodities. Because it is a fundamentally flawed and misogynist concept to imagine that women are interchangeable. And it is wishful thinking that regulation can fix this. All surrogacy needs to be stopped. In this book, strong and courageous women from the USA, UK, Canada, Australia, India, Romania, Hungary, Georgia and Russia share their stories of becoming 'surrogate' mothers and egg 'donors'. Their accounts are tragic, shocking, and reveal a profit-driven industry that preys on desperation and womens kindness.
What if we could do better than the family? We need to talk about the family. For those who are lucky, families can be filled with love and care, but for many they are sites of pain: from abandonment and neglect, to abuse and violence. Nobody is more likely to harm you than your family. Even in so-called happy families, the unpaid, unacknowledged work that it takes to raise children and care for each other is endless and exhausting. It could be otherwise: in this urgent, incisive polemic, leading feminist critic Sophie Lewis makes the case for family abolition. Abolish the Family traces the history of family abolitionist demands, beginning with nineteenth century utopian socialist and sex radical Charles Fourier, the Communist Manifesto and early-twentieth century Russian family abolitionist Alexandra Kollontai. Turning her attention to the 1960s, Lewis reminds us of the anti-family politics of radical feminists like Shulamith Firestone and the gay liberationists, a tradition she traces to the queer marxists bringing family abolition to the twenty-first century. This exhilarating essay looks at historic rightwing panic about Black families and the violent imposition of the family on indigenous communities, and insists: only by thinking beyond the family can we begin to imagine what might come after.
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.
Surrogacy is heavily promoted by the stagnating IVF industry which seeks new markets for women over 40, and gay men who believe they have a 'right' to their own children and 'family foundation'. Pro-surrogacy groups in rich countries such as Australia and Western Europe lobby for the shift to commercial surrogacy. Their capitalist neo-liberal argument is that a well-regulated fertility industry would avoid the exploitative practices of poor countries. Central to the project of transnational surrogacy is the ideology that legalized commercial surrogacy is a legitimate means to provide infertile couples and gay men with children who share all or part of their genes. Women, without whose bodies this project is not possible are reduced to incubators, to ovens, to suitcases.
Focuses on the practice of cross-racial gestational surrogacy, in which a woman--through in-vitro fertilization using the sperm and egg of intended parents or donors--carries a pregnancy for intended parents of a different race. Concentrating on the racial differences between parents and surrogates, Harrison is interested in how reproductive technologies intersect with race, particularly when brown bodies produce white babies. She provides an interdisciplinary analysis that includes legal cases of contested surrogacy, historical examples of surrogacy as a form of racialized reproductive labor, the role of genetics in the assisted reproduction industry, and the recent turn toward reproductive tourism. --From publisher description.
Annotation. Renowned scholar and feminist activist, Janice Raymond, delivers a passionate expose and uncovers the alarming ethical, legal and political implications of high-tech biomedical reproductive technologies. She argues that these technologies are neither liberatory nor an issue of reproductive "choice". Rather, they violate the integrity of women's bodies, perpetuate prostitution and an international trafficking in women and children, and are a threat to women's basic human rights. Women As Wombs is a scathing feminist analysis which contributes groundbreaking insights to the raging debate over reproductive technology.
Them Before Us has flipped the script on adult-centric attitudes toward marriage, parenthood, and reproductive technologies by framing these issues around a child’s right to be raised by both their mother and father. Set against a backdrop of sound research, the compelling stories throughout each chapter confirm that a child’s mental, physical, and emotional well-being depends on being loved by the two people responsible for their existence. It’s a paradigm shift that will impact the personal and the political, and reframe every marriage and family conversation across the globe. Them Before Us dispels many prevalent, harmful myths concerning children’s rights, such as: • Kids need only love and safety—moms and dads are optional. • Love makes a family—biology is irrelevant. • Marriage is about adults—it has nothing to do with kids. • Children are resilient and will “get over” divorce. • Studies show “no difference” in outcomes for kids with same-sex parents. • Sperm and egg donor kids are fortunate because they are so wanted. • Surrogacy is a great way to help wannabe parents have a baby. • Reproductive technologies are just like adoption. Are you tired of a culture that views adults as victims in family matters, when it’s clear that kids are the ones who truly pay the price? If so, we are your people, and this is your movement.
