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Everett, Pauline. "A relational defence of surrogate motherhood." Thesis, Durham University, 2011. http://etheses.dur.ac.uk/4464/.
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This thesis explores surrogate motherhood using Christian ethics within a relational framework. A surrogate mother is a woman who has a child for a commissioning couple who are usually infertile. Chapter one explores how surrogacy is presented in three secular and three Church reports by focusing upon the surrogate, the commissioning couple and the child. The key theological and ethical objections to surrogacy are briefly explored: that it undermines motherhood, involves baby selling, coercion, exploitation and commodification. Chapter two analyses motherhood according to three secular feminists and three theologians. The secular feminists are criticised for not recognising the complexity of motherhood. By contrast, motherhood in Christianity is presented as multidimensional. Chapter three analyses whether paid surrogacy commodifies, exploits and coerces the participants. Theologically the chapter explores human beings as created in the image of God and as having dignity, which can mean that payment does not always have to lead to commodification, exploitation or coercion. Chapter four explores whether paid surrogacy involves baby selling. Theologically the chapter explores the concepts of the self and other in Augustine and Aquinas. It also explores agape in Anders Nygren and Gene Outka, arguing that self-interest and altruism can co-exist with care for the self and the other in a relational framework without detriment. Comparisons are made with blood donation to suggest that paid and unpaid surrogacy can operate together without paid surrogacy being regarded as baby selling or the purchase of parenthood. Finally, chapter five outlines three models towards surrogacy: a contract model, an adoption model and my relational approach, influenced by Louis Janssens’ personalism. My relationalism aims for a more sophisticated ontology of the relationship between the self and the other and calls for various solutions in a surrogacy custody dispute.
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Cravens, Brittany. "Surrogacy Law?: The Unparalleled Social Utility of Surrogacy and The Need for Federal Legislation." Wittenberg University Honors Theses / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=wuhonors1338487474.
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Dyers, Bianca. "Does the involvement of third parties in surrogacy agreements raise the risk of exploitation of prospective surrogates and prospective parent(s)?" University of Western Cape, 2019. http://hdl.handle.net/11394/7578.
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Magister Legum - LLMSurrogacy on many occasions is referred to a million-dollar industry. Just like many countries, South Africa has prohibited commercial surrogacy, thus South Africa only permits altruistic surrogacy. The prohibition has consequences for third parties such as surrogacy agencies and surrogacy facilitators, as their right to occupation freedom which is guaranteed by the Constitution of the Republic of South Africa, is limited. No right is absolute, any right can be limited if it can be proved that it is in the best interest of the public. The prohibition on commercial surrogacy is argued to be in the best interest of the public as it can lead to the exploitation of women and the commodification of children.
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Filander, Tanian. "The enforceability of international surrogacy in South Africa : how would a South African court proceed in determining an international surrogacy case?" University of the Western Cape, 2016. http://hdl.handle.net/11394/5503.
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Magister Legum - LLMIn this research, I sought to investigate the extent to which South Africa recognises international surrogacy agreements. I examined Chapter 19 of the Children's Act as the first legislation to afford surrogate motherhood agreements legal recognition in South Africa. Section 292(1)(b)-(e) of the Children's Act sets out the requirements for the validity of a surrogate agreement. The validity of the agreement is governed by South African law if it was concluded in South Africa, and at least one of the commissioning parents and the surrogate mother and her husband or partner must be domiciled in South Africa at the time of entering into the agreement. I explored South African legislation that may be applicable to the children born of commissioning parents (whether the commissioning parents are South Africans or foreign nationals) who entered into international surrogacy agreements. I concluded that the main issue that relates to international surrogacy are the implications that rise from registering a surrogate born child’s birth in South Africa and in other countries. I further concluded that the current position of South African law will result in a surrogate born child being left stateless and parentless. I considered the criminal aspect of international surrogacy agreements as a consequence of a null and void international surrogacy agreement. Furthermore, I referred to the legal difficulties of international surrogacy and potential rights infringed on or denied to the child born of an international surrogacy by examining international case law. I concluded that South African courts do not have precedents, guidelines or legislation governing international surrogacy agreements and thus it is important to examine international case law. I further concluded that, it is important for South African authorities and courts to consider the possibility of international surrogacy occurring in South Africa. I hope that the South African courts take a child-centered approach, building on the views established in the international case law, and that courts do not adopt a strict interpretation of our current laws. Lastly, I suggested recommendations for the appropriate manner in which to legislate international surrogacy agreements in South Africa. I submitted that judicial and administrative authorities could inspect the international surrogacy agreement and ensure that the terms do not harm the child and that the child is recognised as the legal child of the commissioning parents. The courts should first look at the suitability of the commissioning parents and finally consider the best interest of the child as being of paramount importance, before ordering the international surrogacy agreement null and void. I further suggested that a statutory regulation that contemplates international surrogacy should be formulated, as a source of reference, which will assist a court when faced with determining the issue of the parentage of a surrogate born child, and consequently, his or her nationality. I concluded that the South African Parliament should either re-draft or provide clearer guidelines regarding surrogacy and the possibility of international surrogacy agreements.
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Nilsson, Elina. "Surrogatmödraskap: Arbete, gudagåva eller exploatering? : En analys av den svenska debatten kring surrogatmödraskap." Thesis, Uppsala universitet, Centrum för genusvetenskap, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-209395.
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Surrogacy is an arrangement in which a woman carries, delivers, and then relinquishes a baby to commissioning parents. The arrangement challenges traditional norms and definitions of reproduction, pregnancy and motherhood, and at the same time raises difficult ethical, philosophical and social questions. There is currently an ongoing debate in Sweden, where all forms of surrogacy is illegal. The debate is polemical and harsh, with advocates arguing that surrogacy is defensible on the basis of individual rights and women's right to choose over their own bodies, and those in opposition are convinced on an intersectional basis that women are being used and exposed on the market of surrogacy.The purpose of this study is to investigate the debate on surrogacy in the Swedish context. Using qualitative text analysis, the study aims to increase understanding about the debate over surrogacy by analyzing texts published in Swedish press during 2010-2013. I have analyzed the advocating arguments as well as the oppositional arguments constructing the ongoing debate of surrogacy with a focus on the transnational relations and the discrepancy between the views on altruistic and commercial forms of surrogacy.The findings indicate that surrogacy is in general seen as either a win-win situation or exploitation and confirms earlier intersectional postcolonial research that centers on surrogacy, which highlights a general tendency to not acknowledge the dimensions and intersections of gender, class, race, and ethnicity. This is crucial especially concerning surrogacy is such a transnational phenomenon, where for example (white) Swedes longing for babies go to India and through an Indian surrogate mother become parents. The study shows that the debate is somewhat a minefield, and while being polemical the debate is also very complex.
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Weis, Christina Corinna. "Reproductive migrations : surrogacy workers and stratified reproduction in St Petersburg." Thesis, De Montfort University, 2017. http://hdl.handle.net/2086/15036.
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Surrogacy is an arrangement whereby a woman conceives in order to give birth to child or children for another individual or couple to raise. This thesis explores how commercial gestational surrogacy is culturally framed and socially organised in Russia and investigates the roles of the key actors. In particular it explores the experiences of surrogacy workers, including those who migrate or commute long distances within and to Russia for surrogacy work and the significance of their origin, citizenship, ethnicity and religion in shaping their experience. Ethnographic fieldwork was carried out in St Petersburg between August 2014 and May 2015 and involved semi-structured interviews, (participant) observations, informal conversations and ethnographic fieldnotes with 33 surrogacy workers, 7 client parents, 15 agency staff and 11 medical staff in medical and surrogacy agency facilities. Data were analysed using inductive ethnographic principles. A reflexive account, which includes a consideration of the utility of making one’s own emotional responses a research tool, is also included. Drawing on and expanding on Colen’s (1995) conceptual framework of stratified reproduction and Crenshaw’s (1989) analytical framework of intersectionality, this research shows that surrogacy in Russia is culturally framed and therefore socially organised as an economic exchange, which gives rise to and reinforces different forms of intersecting reproductive stratifications. These stratifications include biological, social, geographic, geo-political and ethnic dimensions. Of particular novelty is the extension of Colen’s framework to address geographic and geo political stratifications. This was based on the finding that some women (temporarily) migrate or commute (over long distances) to work as gestational carriers. The thesis also demonstrates how an economic framing of surrogacy induced surrogacy workers to understand surrogacy gestation as work, which influenced their relationships with client parents. Given the rapid global increase in the use of surrogacy and its increasingly internationalised nature, this research into the social organisation of commercial gestational surrogacy in Russia is timely and has implications for users, medical practitioners and regulators, as well as researchers concerned with (cross-border) surrogacy and reproductive justice.
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Stoll, Jane. "Surrogacy Arrangements and Legal Parenthood : Swedish Law in a Comparative Context." Doctoral thesis, Uppsala universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-207549.
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Surrogacy arrangements have become an increasingly popular way for childless people to build a family. Yet many jurisdictions do not regulate surrogacy. Even in the ab-sence of surrogacy regulation, if a jurisdiction has no specific legal rules that clarify parenthood following surrogacy, the result is often uncertainty in relation to the legal parental status of the surrogate mother, her spouse or cohabitant, any possible donors, and the commissioning parents. This, in turn, leaves the surrogate-born child’s family law status uncertain. This thesis examines the legal aspects of parenthood and how it is, or could be, determined in Sweden following surrogacy arrangements. Important aims are to estab-lish whether the current national laws regulating family law can sufficiently protect the interests of the surrogate-born child and the parties to surrogacy arrangements, with an emphasis on interests connected to family law status; to examine the ways in which other jurisdictions (England and Wales, and Israel) have responded to similar issues; and to identify problems and propose alternative solutions in relation to the specific issue of establishing legal parenthood following surrogacy at a domestic level, either with or without State regulation of surrogacy agreements. Consideration is given to whether it might be appropriate to re-evaluate or qualify the existing presumptions of parenthood, in particular the unwritten presumption of maternity. Several alternatives for the transfer of legal parenthood from the surrogate mother, and her spouse or cohabitant as the case may be, to the commissioning parent or parents are also examined. In addition, the ethical implications of surrogacy ar-rangements are explored in order to provide an insight into the way in which subcon-scious or hidden values might make it difficult for a State to regulate certain areas of private life such as parenthood. The starting point for the thesis is that it is in the best interests of the child to have parents at birth and that this interest must be prioritised over an intended parent’s interest in becoming a parent. This view is based on and is consistent with existing Swedish law and policy.
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Silkstone, Christine. "A critical analysis of the South African Law Commission's Report on Surrogate Motherhood (project 65: 1993)." Master's thesis, University of Cape Town, 1999. http://hdl.handle.net/11427/17506.
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Nilsson, Elina. "Merit Making, Money and Motherhood : Women's Experiences of Commercial Surrogacy in Thailand." Thesis, Uppsala universitet, Centrum för genusvetenskap, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-254950.
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This thesis explores transnational commercial surrogacy in the context of Thailand, with the specific purpose to examine Thai women’s motives and experiences of being a surrogate mother. The study is based on two months of fieldwork in Bangkok between June and August 2014 during which interviews were conducted with eleven former, current or future surrogate mothers. The analysis take a postcolonial feminist approach, and draw upon theory of motherhood, intimate labor and stratified reproduction. The study shows how the women’s account of why they want to become a surrogate mother is influenced by contemporary cultural and moral values regarding motherhood and womanhood. By being a surrogate mother they live up to the ideal role of the nurturing mother and the dutiful daughter. Furthermore, the women’s experiences of the pregnancy and their position in the arrangement is characterized by worry, uncertainty, and mistrust. This is partly due to how their rights and opinions are deemed less significant than those of the intended parents. The women are also severely limited in their say over various aspects of the pregnancy. Even though the surrogate mothers have made conscious decisions without being persuaded by family or friends, the study shows that they are still in an exposed position within an arrangement that is characterized by uneven power relations. This is further shown by locating the surrogate mothers’ stories and experiences in relation to other stakeholders and within the larger context of commercial surrogacy in Thailand, as well as on a global level.
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Huie, Kathryn M. "Three Daughters in Search of Mothers: Exploring Surrogate Motherhood in Nineteenth-Century British Literature." Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/english_theses/118.
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Surrogate motherhood abounds in nineteenth-century fiction. Governesses, nurses, aunts, and close family friends often form strong attachments with young girls, guiding them through life and their comings-of-age. Many surrogate mothers train their “daughters” according to the rules of societal expectations that mothers and daughters have cordial, respectful relationships, where the mother is unselfish, loving, and sympathetic toward her respectful, obedient, honest daughter. Many other nineteenth-century novels, however, depict surrogate mothers who are cruel, selfish, and unloving toward their “daughters.” While the role of the surrogate mother exists in various forms, it is regardless a strong presence in nineteenth-century fiction that leads daughters to choose to become surrogate mothers themselves.
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Gravett, Ilse. "Narratives of couples affected by infertility daring to be fruitful /." Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-05142009-094711/.
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Mtshali, David Tshokolo. "A judicial perspective of the genetic link requirement for the confirmation of the surrogate motherhood agreement." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73386.
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This study investigates the approaches taken by courts to determine the constitutional validity of section 294. The case of AB and Another v Minister of Social Development (Centre for Child Law as Amicus Curiae) if the main focus of the inquiry. Section 294 of the Children's Act was declared unconstitutional by the High Court in AB and Another v Minister of Social Development and another, this declaration of constitutional invalidity triggered the confirmatory jurisdiction of the Constitutional Court. The case was accordingly referred to the Constitutional Court for confirmation. The Constitutional Court was split with a ratio of 7:5 with the majority finding section 294 of the Children's Act consistent with the Constitution, whereas the minority concurred with the High Court's decision. These two approaches necessitated this inquiry whose aim is to investigate the two courts' approaches in interpreting section 294 and the extend to which children's rights influenced the Constitutional Court's judgement.Mini Dissertation (LLM)--University of Pretoria, 2019.
Private Law
LLM Child law
Unrestricted
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Weaver, Kimberly C. "Mothering and Surrogacy in Twentieth-Century American Literature: Promise or Betrayal." Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/english_diss/77.
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Twentieth-century American literature is filled with new images of motherhood. Long gone is the idealism of motherhood that flourished during the eighteenth and nineteenth centuries in life and in writing. Long gone are the mother help books and guides on training mothers. The twentieth-century fiction writer ushers in new examples of motherhood described in novels that critique the bad mother and turn a critical eye towards the role of women and motherhood. This study examines the trauma surrounding twentieth-century motherhood and surrogacy; in particular, how abandonment, rape, incest, and negation often results in surrogacy; and how selected authors create characters who as mothers fail to protect their children, particularly their daughters. This study explores whether the failure is a result of social-economic or physiological circumstances that make mothering and motherlove impossible or a rejection of the ideal mother seldom realized by contemporary women, or whether the novelists have rewritten the notion of the mother’s help books by their fragmented representations of motherhood. Has motherhood become a rejection of self-potential?
The study will critique mother-daughter relationships in four late twentieth-century American novels in their complex presentations of motherhood and surrogacy: Toni Morrison’s The Bluest Eye (1970), Kaye Gibbons’s Ellen Foster (1990), Dorothy Allison’s Bastard Out of Carolina (1992) and Sapphire’s Push (1997). Appropriated terminology from other disciplines illustrates the prevalence of surrogacy and protection in the subject novels. The use of surrogate will refer to those who come forward to provide the role of mothering and protection.
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Linderstam, Eriksson Ronja. "Surrogatmödraskap i medierna : En diskursanalys av tidningarnas framställning." Thesis, Linnéuniversitetet, Institutionen för medier och journalistik (MJ), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-84510.
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The aim of this thesis is to investigate how Swedish journalism portrays surrogacy through printed press. I used critical discourse analysis according to Norman Fairclough’s three-dimensional model to explore the subject. In this study, fourteen articles where analysed. The analysis found four major discursive themes in the articles: the justifying discourse, the invisibility discourse, the hero discourse and the normalizing discourse. The study concludes that surrogacy is portrayed in a positive manner in Swedish printed press. Through the justifying discourse and the inivisibility discourse, in which the role of the surrogate is toned down, any moral implications of surrogacy are legitimatized. By describing the surrogate as a selfless and charitable person, she is constructed as a hero. By portraying surrogacy as something unproblematic, surrogacy arrangements are normalized. The study also found that the articles reproduce the idea of parenthood as something natural for women and that they constructed homosexual men as feminine to legitimize them as parents.
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Zarassi, Pega, and Miranda Larsson. "”Jag hoppas få vara er livmoder” : En multimodal analys av surrogatmödraskap i scener ur The Handmaid’s tale och Vänner." Thesis, Umeå universitet, Institutionen för kultur- och medievetenskaper, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-156227.
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Title: “I hope to be your uterus” - A multimodal analysis on surrogacy in scenes from The Handmaid’s tale and Friends Surrogacy is a widely discussed subject both internationally and in Sweden. The opinions on whether it should be legalized or not differ from country to country, which is reflected in how they implement their different laws on the subject. The main issues in the debates about surrogacy is whether a legalization of altruistic surrogacy would lead to safe methods within the medical care and stop the expansion of illegal markets or if there’s risks of opening the doors to a bigger commercial market. Parallel to the political discussion and opinions on the subject, the portrayal of surrogacy has appeared within popular culture, as in TV-series, for a period of time. It can be found in different genres like drama and comedy since the 90s, which makes the subject interesting to observe. The purpose of this essay is to study how the topic of surrogacy is portrayed in two different genres in the TV-series Friends and The Handmaid’s tale. For this purpose we use multimodal analysis to answer if there are similarities and/or differences in the portrayal of surrogacy within our research material. The theoretical framework is based on Richard Dyers theories on stereotypes, Carol Patemans ideas of ‘the sexual contract’ and Brooke Weihe Edges studies on the representation of women in different movie genres amongst others. Our study shows that even if the genres vary there are stereotypical structures in how both infertile women and surrogate mothers are presented to the audience.
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Petitfils, Charlotte. "Éthique de la maternité de substitution : le point de vue du public français et des étudiants indiens." Thesis, Toulouse 2, 2015. http://www.theses.fr/2015TOU20120.
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Notre recherche se porte sur l’éthique des techniques de procédures de maternité de substitution. Nos études se basent sur la Théorie Fonctionnelle de l’Intégration et de l’information de N.H Anderson (1981). Pour l’étude menée en France auprès d’un public dit tout-venant : 236 personnes dont 62 hommes et 174 femmes ont émis un jugement de non acceptabilité concernant les procédures de maternité de substitution dans 54 scénarios construits par la combinaison de quatre facteurs : « Origine de l’embryon », «Autonomie de la mère porteuse», « Famille de la mère porteuse » et « Niveau de rémunération ». En ce qui concerne l’étude menée en Inde, c’est 430 étudiants, 275 femmes et 155 hommes, qui ont également émis un jugement de non acceptabilité pour ces mêmes 54 scénarios. Les résultats ont mis en évidence l’émergence de différents groupes de politique de jugement pour les deux études. En France, on distingue 4 clusters différents. Bien que ces clusters diffèrent dans leur jugement, on retrouve un consensus concernant le facteur « Autonomie » pour chaque groupe. Enfin, plus de 50% de notre échantillon se montre non favorable face à de telles procédures. Pour l’étude menée auprès d’étudiant indien, quatre clusters différents ont également été mis en évidence. Près d’un quart de notre échantillon n’a pas souhaité se positionner et plus de 50% des participants se montrent enclin à accepter ce type de procédures en fonction des différentes circonstances qui définissent la situation. Le jugement de non acceptabilité des procédures de maternité de substitution est influencé par les facteurs proposés et on constate l’émergence de différentes positions face à ces questionnements éthiquesOur research deals with ethical questions about surrogate motherhood. Both of our studies are based on the Integration Information Theory of N.H. Anderson (1981). The first one took place in France with general public: 236 people of whom 62 men and 174 women. They judged the non acceptability of surrogacy on 54 scenarios combining four factors: “Type of surrogacy », « Surrogate mother’s level of autonomy », « Surrogate mother’s family situation » and «Level of Compensation ».The second study took place in India with 430 students, 275 of whom were women and 155 were men. Indian students judged the non acceptability of surrogacy on the same 54 scenarios. Further to the results different groups of judgment politics emerged for both studies. In France, four groups of participants distinguish. Even if these groups put forward different judgements, the factor « Autonomy » obtained general consensus. Finally, 50% of our French sample doesn’t agree with the surrogate motherhood procedure. In the second study, also four groups of participants distinguish. Almost 25% of the sample does not give a judgment about surrogacy and more than 50% agrees with the surrogate motherhood procedure depending on different circumstances defining the situation. The judgment of non acceptability is influenced by the factors presented and the emergence of different positions among the participants is noted
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Lacourt, Sarah. "Le couple homoparental en droit international privé." Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10031.
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Cette étude a pour objectif de mettre en lumière les dernières réformes en droit interne de la famille à l’aune du droit international privé. En effet, la famille est constamment sujette à changement, mais la perception que chaque État a de celle-ci est très différente. Le développement de nouveaux modes de conjugalité et plus récemment l'ouverture du mariage aux couples de personnes de même sexe en sont certainement les meilleures illustrations. À l’heure actuelle, la question du couple homoparental en droit international privé représente un enjeu majeur. La reconnaissance juridique du couple homosexuel a été le fruit d’un long travail tant jurisprudentiel que législatif, etce sous l’influence, plus que prédominante, de la jurisprudence de la Cour européenne des droits de l’Homme qu’il est intéressant d’étudier afin d’appréhender au mieux la situation présente. La coexistence de différents statuts conjugaux selon les États en cause entraîne de nombreuses interrogations quant à la loi applicable à la formation de ces derniers dans les rapports internationaux, mais également quant à leur reconnaissance dans les États tiers. Cette question renouvelle la place des différents mécanismes classiques de droit international privé. En outre, la récente ouverture du mariage aux couples de même sexe en France, mais également dans de nombreux autres États, tant à l’échelle européenne que mondiale, amène à s’interroger sur les potentiels modes d’établissement d'un lien de filiation au sein d'un couple homoparental. Or, dans la mesure où elles impliquent, dans la majorité des situations, un franchissement des frontières et engendrent alors la présence d’éléments d’extranéité, l'adoption homosexuelle, la gestation pour autrui et l’insémination artificielle avec tiers donneur sont autant de questions nouvelles qui méritent des éclaircissements de droit international privé. La position du droit français à l’encontre des différents modes procréatifs n’étant pas nécessairement celle partagée par les États voisins, les couples homosexuels tant masculins que féminins n’hésitent pas à se rendre à l’étranger afin de bénéficier par le biais d’une loi plus libérale de ce que le droit français leur interdit. Toute la difficulté réside alors dans la réception à leur retour en France de la filiation acquise à l’étranger. Le droit international privé mérite une attention particulière engendrée par la conciliation entre des positions législatives si différentesThis study aims to highlight the latest reforms in domestic family law according to private international Law. Indeed, the family is constantly subject to change but the perception that each State has of it is very different. The development of new forms of conjugality and more recently the opening of marriage to same-sex couples are certainly the best illustrations of this. Currently, the issue of same-sex couples in private international law is a major challenge. The legal recognition of same-sex couple has been the result of a long jurisprudential and legislative work, under the significant influence of the case law of the European Court of Human Rights, which itis interesting to study in order to better understand the present situation. The coexistence of different conjugal statuses according to the States involved raises many questions as to the law applicable to their formation in international relations, but also as to their recognition in third States. This question renews the place of the traditional mechanisms of private international law. Furthermore, the recent opening of marriage to same-sex couples in France, but also in many other States at both the European and world level, raises questions about the potential ways of establishing a child parent relationship within an homoparental couple. However, insofar as a crossing of borders is involved in most cases, the presence of international elements is generated. Homosexual adoption, surrogate motherhood and artificial insemination with a third-party donor are thus all new questions that deserve clarification in private international law. The position of French law against the different reproduction methods being different from the one shared by neighboring states, homosexual couples do not hesitate to go abroad in order to benefit a more liberal law. The difficulty then lies in the reception on their return to France of the filiation acquired abroad. Private international law deserves special attention caused by the conciliation between such different legislative positions
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De, Luca Ida Beatriz de. "O direito contratual analisado à luz da hermenêutica dos princípios no panorama do direito comparado entre as fontes do direito contratual brasileiro e dos Estados Unidos da América: o caso do contrato de gestação de substituição." Universidade do Vale do Rio dos Sinos, 2017. http://www.repositorio.jesuita.org.br/handle/UNISINOS/6046.
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O Direito Contratual passou por diversas fases, estando inserido em um contexto onde cada vez mais a técnica traz desafios aos operadores do Direito. Através das cláusulas gerais há a possibilidade de incorporação de situações novas, possibilitando o ajustamento das consequências jurídicas a esses novos fatos sociais. O objetivo geral da tese foi estudar o contrato na realidade atual, especialmente quanto à questão da autonomia privada nos contratos de gestação de substituição, vinculado aos princípios constitucionais, no âmbito das possibilidades jurídicas trazidas pelo horizonte hermenêutico da comparação entre o Direito Brasileiro e o Direito dos Estados Unidos da América. O papel do intérprete passou a ser mais significativo, delimitando o alcance da norma através da interpretação, buscando o significado de algumas expressões tal como função social, na Constituição Federal e no diálogo com outras fontes do Direito. Na perspectiva da metodologia fenomenológico-hermenêutica que sustenta esta Tese, se pode afirmar que o intérprete tem cada vez mais responsabilidade pela atribuição criativa de sentido às cláusulas gerais que estão nos textos regulatórios pertinentes. A evolução da técnica trouxe novos desafios aos operadores do Direito. Neste contexto, a ausência de legislação no Brasil para os casos de gestação de substituição gera situações problemáticas para todos os envolvidos: a gestante de susbtituição, os pais intencionais e mesmo a comunidade médica. Diante da referida ausência legislativa para regular as relações dessa natureza, o Conselho Federal de Medicina editou uma resolução restringindo o Direito das partes envolvidas nestes acordos. A hipótese apresentada está na ressignificação da autonomia privada das partes envolvidas nos acordos de gestação de substituição, resguardando a dignidade da pessoa humana nessas relações contratuais, bem como os Princípios Fundamentais do Direito, alinhando ainda o Sistema Constitucional e o Sistema Internacional dos Direitos Humanos, relacionados ao tema, no panorama da fusão de horizontes entre o Direito Nacional e Direito Estrangeiro. Concluiu-se que tal resolução não pode restringir Direitos Fundamentais Individuais constitucionalmente protegidos, tal como o direito de liberdade, que neste caso pode ser entendido como a livre escolha de querer gestar um embrião para outra pessoa. Com relação ao Direito Contratual brasileiro, o modelo de contrato que mais se aproxima aos acordos de gestação de substituição é o contrato de prestação de serviços, porém destaca-se que neste caso existem peculiaridades a serem observadas em decorrência do tipo de atividade que será prestada. Em razão disso, há necessidade de avaliar a real autonomia da vontade da futura gestante de substituição, uma vez que existe Direito de Personalidade envolvido neste negócio jurídico. Neste sentido, a legislação pátria tem permitido uma relativização do caráter de indisponibilidade dos Direitos de Personalidade o que demonstra serem plenamente lícitos os contratos de gestação de substituição, mesmo de caráter oneroso, desde que as partes estejam exercendo sua real autonomia privada. Objetivando a criação de um modelo normativo de contrato de gestação de substituição para a ser utilizado no Brasil, foi efetuado um estudo de direito comparado utilizando-se a legislação e a análise de casos em três Estados dos Estados Unidos da América, buscando na experiência do Direito alienígena a possibilidade de, através do diálogo entre as fontes de direito estrangeiras estudadas e as fontes de direito brasileiras, construir um modelo jurídico para regular as gestações de substituição no Brasil. O modelo normativo sugerido engloba a necessidade de verificação da real autonomia privada da mulher que irá gestar o embrião através de avaliação médica e psicológica, acompanhamento por advogado na elaboração do contrato em razão da natureza dos direitos envolvidos nesse tipo de negócio jurídico, e ainda homologação judicial do acordo, a serem realizados antes do início da execução do contrato. Essas regras foram extraídas da fusão dos modelos normativos dos EUA no sentido de encontrar uma melhor solução para a realidade brasileira.
The Contract Law has adjusted throughout history, being today inserted in an environment where faster technological evolution brings remarkable challenges for its interpreters. General clauses usually allow the definition of legal consequences to new situations and social facts. The general goal of this this thesis was to study the contract under actual and current reality, especially regarding the private autonomy in surrogate motherhood contracts, linked to constitutional principles, in the scope of the legal possibilities brought by the hermeneutic horizons of comparing the Law in Brazil and in the United States of America. The role of the interpreter has been more important establishing the scope and extension of the legal norm via interpretation, looking for the meaning of expressions such as “social function” in the Federal Constitution and through dialogue with other sources of Law interpretations. Under the phenomenological hermeneutic methodology applied to this thesis, it is possible to affirm that the interpreter has increased responsibilities attributing creative meaning to the general clauses existent in the regulatory texts. Recent technology developments have brought new challenges to the Law operators. In this new context, the lack of legal regulations in Brazil for cases of surrogate motherhood poses problematic situation for all parts: the surrogate pregnant, the intended parents and even the medical professionals. Due to the absence of legal framework to regulate the relations involved in such technique, the Federal Council of Medicine published a resolution restricting the rights of potential parts involved in such agreements. Nevertheless, such resolution cannot restrict constitutionally protected Fundamental Individual Rights, such as the right to liberty, which in this case can be interpreted as the right to elect to generate an embryo for another person. The hypothesis is a re-evaluation of the private autonomy of involded parts in agreements of surrogate motherhood, protecting the human dignity in these contractual relations, as well as the fundamental principles of the Law, aligning the Constitutional System and the International Huma Rights System, related to the subject, in the landscape of combined horizons of National Law and Foreign Law. Concerning the Brazilian Contract Law, the closest “contractual model” for a surrogate motherhood is the “rendering services contracts”, however it is important to mention that some peculiarities must be considered due to the specific type of services being rendered. Because of this, the actual private autonomy of the future pregnant must be evaluated, since there are Personality Rights also involved in such legal agreement. As a rule, in Brazil, Personality Rights cannot be relinquished. However, in some existing cases, this rule can be relativized, which demonstrates that such agreements can be licit, even those involving payments to the pregnant, as long as the parts private autonomy have been clearly established. To develop a normative model for surrogate motherhood to be used in Brazil, a research was conducted in three states of the United States of America. The objective is to help to build a legal framework for surrogate motherhood in Brazil based on both foreign and Brazilian sources of law. The suggested legal framework prescribes that the actual private autonomy of the woman to become pregnant must be verified through the following: medical and psychological evaluation; legal advice on the contract wording due to the nature of involved right; and court homologation of the agreement, prior to its execution. Such framework is derived from a combination of norms in the United States of America, properly adjusted to better fit the local realities in Brazil.
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Rincón, Castellanos Ximena. "¿Bioética y derecho para qué y para quiénes? Discusiones en torno a la regulación de las técnicas de reproducción humana asistida en Colombia." Pontificia Universidad Católica del Perú, 2012. http://repositorio.pucp.edu.pe/index/handle/123456789/116735.
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Bioethics and law for what and whom? Discussions about the Regulation of assisted reproductive techniques in ColombiaThe recent concern for the normative regulation of assisted reproduction techniques (ART), raises discussions about how to manage the embryos, how many times to use a sample, how to define parenthood, and other issues. However, it has not been questioned who would be favouredwith these regulations and what is their contribution to social equity and development for an entire country. Considering that the urgency to guarantee the sexual and reproductive rights —theoretical framework invoked to require ART— should be aimed at reaching a fair society.The proposed analysis will be undertaken considering the case of applying the ART for surrogate mothers in Colombia. The paper presents the context in which it is intended to apply the normative regulation, alongside the review of some conceptual and empirical contributions by Michael Sandel concerning trends in surrogate motherhood among «developed» and «third world» countries. This should allow considering the profiles of fertility in Colombia as a sign of inequality in our country.Subsequently, we will approach the current legal discussion in Colombia concerning surrogate motherhood, from the only case of surrogate motherhood resolved by the Colombian Constitutional Court and the bill projects presented in the Colombian Congress to regulate this issue. Finally,we will present some reflections and discussion on the normative regulation of the ART and surrogate gestation, and the law as a transmission belt of varied interests, that is, that it ought to lead to common good, solidarity and cooperation, and not simply function as a regulator that ensures the fulfilment of contracts.Las recientes preocupaciones por la regulación normativa de las técnicas de reproducción humana asistida (TRHA) suscitan especialmente discusiones sobre cómo administrar los embriones, cuántas veces usar una muestra, cómo definir la filiación, entre otros. Sin embargo, no se ha cuestionado directamente a quienes estaría amparándose con estas regulaciones y cuál sería su contribución a la equidad social y al desarrollo de todo un país, pues la urgencia de salvaguardar los derechos sexuales y reproductivos —marco teórico invocado para exigir la regulación de las TRHA— debe apuntar necesariamente a la consecución de una sociedad menos desigual.El análisis propuesto será abordado a partir del caso de la aplicación de las TRHA para la maternidad subrogada en Colombia. En el artículo se presenta inicialmente el contexto en el cual se pretende la regulación de la maternidad sustitutiva, revisando algunos aportes conceptuales y empíricos de Michael Sandel sobre las tendencias de la maternidad subrogada entre los países «desarrollados» y los del «tercer mundo», para luego ver los perfiles de fecundidad en Colombia, como una muestra de la inequidad existente en el país.Posteriormente, se hará una aproximación al debate jurídico existente en el país, a partir del único caso de maternidad sustitutiva resuelto por la Corte Constitucional Colombiana y los proyectos de ley que han sido presentados en el país como intentos de regulación de esta materia. Finalmente, se llevarán a cabo algunas reflexiones y discusiones sobre la regulación normativa de las TRHA y la gestación sustitutiva, para que el derecho opere como verdadera correa de transmisión de variados intereses sociales1, es decir, que conduzca más bien hacia el bien común, la solidaridad y la cooperación, y no actúe como un simple regulador que asegure el cumplimiento de los contratos.
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Meilhac-Perri, Marion. "L'autonomie de la volonté dans les filiations électives." Thesis, Dijon, 2014. http://www.theses.fr/2014DIJOD011/document.
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La lourdeur de la procédure française d'adoption, ainsi que la baisse du nombre d'enfants adoptables ne permettent pas de répondre à la demande d'enfant des candidats à l'adoption. Ces derniers se rendent alors à l'étranger chercher ce qu'ils ne trouvent pas en France. Or, le recours aux filiations électives étrangères (adoption internationale ou maternité pour autrui) conduit les candidats à l'adoption ou les couples intentionnels français à conclure de nombreux contrats. On assiste alors à une véritable contractualisation des filiations électives, qui se développe en France, contre toute attente, le droit tentant de maintenir l'état et la capacité des personnes en dehors de la sphère contractuelle. L' étude de l'autonomie de la volonté dans les filiations électives met ainsi en parallèle, et parfois en opposition, plusieurs intérêts: celui des parents électifs ou biologiques, celui de l'enfant, mais aussi celui de l 'Etat qui entend préserver certains principes comme l'indisponibilité du corps humain ou l'état des personnes. La conciliation de ces différents intérêts doit donc passer par la mise en place d'un cadre juridique. Toutefois, dans un contexte de mondialisation (forum et law shopping, etc.), le problème de la réglementation de l'expression de la volonté dans les filiations électives entraine d'autres difficultés telles que la qualification juridique des accords conclus dans le cadre de l'adoption ou dans le cadre d'un recours aux mères porteuses, le refus de reconnaissance de la filiation établie à l'étranger ainsi que le statut de l'enfantA cumbersome process combined with fewer adoptable children impedes French demands for adoption which results in the potential parents seeking solutions abroad. Resorting to optional filiation through international adoption or surrogacy leads prospective French parents or actual candidates, to enter multiple contracts. This contractualization of optional filiations has surprisingly swept across France, clashing against principles of French law calling for a protection of the personal status and capacity by keeping them out of contracts. This study on freedom of will within the process of optional filiation highlights the tension between the prospective and also the biological parents', and the child's interests. This study also puts in perspective those interests with that of the State which intends to guard principles such as inalienability of the human body. In order to make sure every interest is taken into account, such a process needs to be regulated, and a legal framework needs to be implemented. However, in a world where globalization is the trend (forum shopping, law shopping) finding common ground to set rules and regulations regarding the optional filiation process is easier said than done and raises many difficulties concerning the adopted childÕs status and the refusal to recognize filiation through foreign adoption. Such a process also raises questions: What legal qualification should apply to agreements within the adoption process or in case of surrogacy contracts?
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McMillen, Brooke. "Embryo Adoption: Implications of Personhood, Marriage, and Parenthood." Thesis, Connect to resource online, 2008. http://hdl.handle.net/1805/1613.
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Thesis (M.A.)--Indiana University, 2008.Department of Philosophy, Indiana University-Purdue University Indianapolis (IUPUI). Advisor(s): Peggy Zeglin Brand, Jason T. Eberl, Michael B. Burke. Includes vitae. Includes bibliographical references (leaves 79-84).
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Térel, Julie. "Les figures de la maternité." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0352/document.
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Les évolutions sociétales - émancipation de la femme, maîtrise de la fécondité, acceptation del’homosexualité, multiplication des formes de conjugalité, nouveaux modèles familiaux, médicalisation de laprocréation - ont bouleversé le rapport entre maternité de fait et maternité juridique.La femme qui revendique le statut de mère n’est plus nécessairement celle qui a porté et mis au mondel’enfant. Les techniques d’assistance médicale à la procréation ont ouvert le champ des possibles enpermettant à la femme de réaliser son désir d’enfant, indépendamment des contraintes temporelles oubiologiques. Pourtant, la mère gestationnelle apparaît, aujourd’hui encore, comme la figure certaine de lamaternité. Elle a vu ses droits accrus par un mouvement d’harmonisation du droit de la filiation, jusqu’àdevenir l’égale de l’homme. Elle a cessé d’être identifiée par son statut conjugal, et est désormais définie parréférence au fait biologique maternel de l’accouchement. L’enfantement marque alors la singularité de lamaternité en tant que figure de rattachement, car elle est le seul vecteur d’identification spatio-temporelle del’enfant. Un ordre public fort en la matière est donc de rigueur : l’accouchement, qui détermine l’état civil del’enfant, ne devrait pas pouvoir être dissimulé. En revanche, la fonction maternelle de parenté devraitdavantage être soumise à la volonté de la femme qui se revendique mère. La mère gestationnelle, qui devraittoujours pouvoir établir un lien de filiation, devrait également pouvoir refuser l’établissement d’un tel lien,au profit d’une autre figure maternelle plus incertaine car reposant sur la volonté d’être mère, volontééventuellement corroborée par un lien génétique. Autrement dit, la filiation maternelle de l’enfant devraitpouvoir être transférée afin d’être en concordance avec la réalité sociologique.La multiplication des figures de la maternité conduit ainsi à une rénovation de la conception traditionnelle dela maternité, par un rééquilibrage du rôle joué par les éléments objectifs et subjectifsA number of developments in society - the emancipation of women, birth control, the acceptanceof homosexuality, the diversification of couple arrangements, new family models, the increasingly medicalapproach to procreation - have shaken up the link between motherhood in fact and motherhood in law.The woman claiming the title of mother is no longer necessarily the one who bore the child and brought itinto the world. Assisted reproductive technology has opened up possibilities by allowing women who want achild to have one, regardless of restrictions related to time or biology. However, the “gestation mother”remains to this day the definite mother figure. Her rights have increased through the harmonisation of thelaws of filiation, eventually making her the man’s equal. She is no longer identified by her marital status andis now defined in relation to the biological process of giving birth. Giving birth hence highlights thespecificity of motherhood as an attachment figure, being the only means of identification in space and timefor the child. A strong public policy is therefore required in this area: giving birth should not be concealable,since it determines the child’s status in law. On the other hand, the maternal parenting role should dependmore on the will of the woman who claims the title of mother. The gestation mother, who should always beable to ascertain the filiation, should also be able to refuse such filiation, in favour of another mother figurenot as firmly ascertained, since her status is dependent on the will to be the mother, a will possiblycorroborated by filiation. The child’s maternal filiation should be transferrable in order to reflect the socialreality.The multiplication of mother figures has thus led to an overhaul of the traditional conception of motherhood,by rebalancing the role played by objective and subjective elements
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Quesne, Aloise. "Le contrat portant sur le corps humain." Thesis, Normandie, 2018. http://www.theses.fr/2018NORMC028.
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Le corps humain n’a pas échappé au mouvement de contractualisation protéiforme qui se généralise. En ce sens, notre thèse a permis de démontrer l’existence d’une nouvelle catégorie juridique : celle du contrat portant sur le corps humain. Il s’agit d’un genre contractuel qui abrite de nombreuses espèces. La spécificité de ces contrats et l’hétérogénéité des règles qui les gouvernent n’est pas un obstacle à leur systématisation : le contrat portant sur le corps humain est un accord de volontés par lequel l’une des parties met son corps à disposition de l’autre pour l’exécution de la prestation convenue entre elles. En vertu de ce contrat, le cocontractant exerce un pouvoir matériel sur le corps mis à sa disposition. La prestation peut se réaliser sur ou par le corps mis à disposition. Un régime commun a pu être mis à jour. En effet, le législateur prévoit des obligations d’information pour éclairer le consentement de la partie faible, des droits potestatifs extinctifs lui sont également attribués afin que son consentement soit toujours révocable et un encadrement de la sécurité corporelle est nécessairement assuré. Cette étude a conduit à l’élaboration d’une classification des espèces contractuelles, ce qui permet de bénéficier d’une vision d’ensemble de ces contrats et de comprendre que chacun d’entre eux doit s’apprécier suivant l’acte envisagé et le corps mis à disposition. Dès lors, des règles spécifiques s’appliquent, lesquelles sont entièrement dédiées à la protection du corps et, partant, de la dignité humaineThe human body has not escaped the movement of protean contractualization that is becoming more widespread. In this sense, our thesis made it possible to demonstrate the existence of a new legal category: that of the contract relating to the human body. It is a contractual genus that houses many species. The specificity of these contracts and the heterogeneity of the rules governing them is not an obstacle to their systematization: the contract relating to the human body is an agreement of will by which one of the parties makes his body available to the other for the performance of the service agreed between them. Under this contract, the contracting partner exercises material power over the body placed at his disposal. The service can be performed on or through the body provided. A common regime has been updated. Indeed, the legislator lays down information obligations to enlighten the consent of the weaker party, extinctive potential rights are also granted to him so that his consent can always be revoked and a framework for bodily safety is necessarily ensured. This study led to the elaboration of a classification of contractual species, which allows us to benefit from an overview of these contracts and to understand that each of them must be assessed according to the act envisaged and the body made available. As a result, specific rules apply, which are entirely dedicated to the protection of the body and, therefore, of human dignity
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Fisher, Ann Muriel. "A Narrative inquiry: how surrogate mothers make meaning of the gestational surrogacy experience." Thesis, 2011. http://hdl.handle.net/1828/3820.
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Research about gestational surrogacy is limited from the surrogate’s perspective, yet third party reproduction is on the rise worldwide, and specifically in Canada. The experiences, relationships, and meanings of Canadian surrogate mothers are the focus of this research. Eight women’s narratives are studied to better understand the process of their gestational surrogacy experience. The purpose of this study was to learn more about surrogacy by paying attention to how surrogate mothers story/narrate their experiences. The good surrogate discourse, which influences meaning making, was uncovered when analyzing how surrogate mothers narrate their experience within gestational surrogacy positions, roles, and procedures. Further analysis focused on discourses of motherhood, gender, biomedical practice, fertility, ethics, and legislation which actively shape the stories that can be told, and limit the identities that are available. Similarly, these discourses influence relationships as surrogates monitor their need for connection with the surrogate child. Professionals in the field of child and youth care (CYC) including family practitioners, counsellors, and anyone working with children, youth, and families need to be mindful of their practice if third party reproduction is an issue as counselling support for grief and loss may be necessary.Graduate
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Menon, Nisha. "Regulating Reproduction - Evaluating The Canadian Law On Surrogacy And Surrogate Motherhood." Thesis, 2009. http://hdl.handle.net/1807/18922.
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Certain provisions of the Assisted Human Reproduction Act 2004 appear to have been enacted as a legislative response to the objections to surrogacy noted by the Royal Commission on New Reproductive Technologies in 1993. However, the legislation may not be successful in tackling concerns generated by recent developments in assisted reproductive technologies. This thesis identifies the shortcomings of the AHRA provisions that impact its ability to effectively regulate the surrogate act in Canada. The discussion suggests shifting the existing regulatory framework away from the imposition of legislative prohibitions on commercial surrogacy and towards a model that is more effective in dealing with the current reality of the surrogate arrangement. Upon consideration of regulatory regimes in Israel and the United Kingdom, a framework for surrogacy is suggested that balances the reproductive rights of the individuals who participate in such an arrangement, while minimizing the potentially exploitative aspects of the surrogate act.
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Bártová, Helena. "Právní problematika náhradního mateřství v České republice." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-368676.
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Surrogate motherhood is considered one of the most disputed and controversial method of assisted reproduction available to childless couples. This contemporary topic assists rising numbers of couples with reproductive disorders. Professional and nonprofessional discourse on the topic of surrogacy has grown in the Czech Republic since 2009. This discussion has contributed to increasing destigmatisation of the parties that make use of the option of surrogate motherhood. As a result, we have first- hand accounts on how the Czech legal system in its current form responded. This diploma thesis presents an overview of the methods of assisted reproduction and their history as well as the legal basis for assisted reproduction in international, European and national law. Furthermore, the thesis touches upon the topic of surrogate motherhood with a view to identifying the risks and dangers of surrogate motherhood both in general and with a focus on the specific legal issues in the Czech Republic. In its conclusion it examines the politico-legal developments regarding surrogate motherhood both on the level of the European Union as well as the Council of Europe. The diploma thesis aims to map the legislation of surrogate motherhood in the Czech legal system including the first contact of the parties, the validity and...
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Bílková, Barbora. "Náhradní mateřství." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-358609.
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Surrogacy - abstract This master thesis deals with the phenomenon of surrogate motherhood (surrogacy) and analyses it from the point of view of Czech and British law, especially the Private law. Its main objective is to approximate to the answer to the question whether surrogacy should be entrenched in Czech law and, if so, what should the main features of such legal regulation be. In order to achieve this aim, it, firstly, focuses on the currently valid and effective Czech legislation. It is a well-known fact that, apart from the provision of § 804 of the Czech Civil Code, Czech law does not provide for surrogacy, at all. Surrogacy is, therefore, only partially regulated in some of its aspects, namely assisted reproduction, legal parenthood and adoption. Since the United Kingdom is often mentioned as one of the possible sources of inspiration for the future Czech legal regulation of surrogacy, British law concerning this phenomenon is considered in the following part of this thesis - especially in the light of the extensive case law. In particular, issues such as surrogacy arrangements, assisted reproduction, legal parenthood and transfer of legal parenthood (that is adoption and parental orders) are analysed. These are then subjected to critical assessment. In its last chapter, the thesis returns to the...
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Maré, Louis. "The feasibility of compensated surrogacy in South Africa: a comparative legal study." Diss., 2016. http://hdl.handle.net/10500/22244.
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The following is a study and comparison of the various types of surrogacy currently
being implemented locally and internationally and the laws surrounding it. I discuss the
current South African legal framework on surrogacy and summarise the relevant
legislative provisions whilst also further discussing the provisions prohibiting commercial
surrogacy and the reasons behind them. Thereafter an investigation follows into other
counties in respect of their individual laws regulating surrogacy and more specifically,
commercial surrogacy. I discuss how these countries attempted to regulate commercial
surrogacy and which regulations were a success and which weren‘t. The various
international laws and regulations surrounding surrogacy as well as commercial
surrogacy is then compared and discussed in a South African context. A discussion on
the intertwined constitutional rights of the surrogate mother, commissioning parents and
child follows and in conclusion I offer some recommendations on how to go about
legalising commercial surrogacy safely and successfully implementing it free from
exploitation.Private Law
LL.M. (Specialisation in Private Law)
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Antošová, Barbora. "Problematika náhradního mateřství." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-373549.
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This master thesis deals with the issue of legislation of surrogacy. Development in the area of reproductive medicine as the first "test tube baby" in 1978 and following medical progress has inevitably brought development expansion of this institute. This institute, although that it brings with itself many ethical, social and legal questions, is not legally regulated in the Czech Republic (except one provision, Art. 804 of the Civil Code). Therefore, this master thesis tries to provide a proposal of legislation which might be adopted in the Czech Republic, using primarily analytical and comparative methods. After the surrogacy is explained and forms and models of it are described, the international framework is clarified. Although many states realize actuality of this topic, there has not been any international legislation adopted that would regulate e.g. surrogate tourism, until this day. However, there is a certain guideline, namely the interest of a child, as the European Court of Human Rights judged. State's legislations range on the scale from criminalization (France) to legalization of its commercial form (Ukraine). After evaluation of legislation of some states whose regulations show real functioning of models of surrogacy, it is clear that the United Kingdom of Great Britain and Northern...
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Kratochvílová, Johana. "Surogátní mateřství - srovnání právní úpravy České republiky a Spolkové republiky Německo." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-405615.
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The main subject of this master thesis is the issue of surrogacy in the Czech Republic and the Federal Republic of Germany. At the beginning, this thesis aspires to define the term surrogacy in general as well as other connected terminology, and subsequently to specify its categories and describe its major historic milestones. Afterwards, it deals with the rather brief Czech legislation concerning this institute and the consequences this has inevitably led to. It also concentrates on the methods of the assisted reproduction which help to put the surrogate motherhood into practice. This thesis does include ethical problems of surrogacy and some of the psychological and sociological aspects as well. Consequently, it summarizes sanctions which may arose as a result of surrogacy. After that, it explains the legislation related to this issue in the Federal Republic of Germany, its history and legal limits. It deals with the German sanctions which the realization as well as mere arrangement may be subjected to. It examines the standpoint of the German legislator regarding the right of a child to know his or her origin including its consequences, such as non-anonymous sperm donation and obligation of the legal parents to undergo a DNA test. It describes most recent demands of the society regarding the new...
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Pretorius, Diederika 1951. "Surrogate motherhood: legal issues." Thesis, 1991. http://hdl.handle.net/10500/22948.
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Surrogate motherhood is one of the most controversial issues
of our time. The increase in infertility and the shortage of
babies available for adoption, have provided an incentive
for research in assisted reproductive techniques. Rapid
advances in this field have caught the legal system
unprepared in many ways.
The object of this thesis is to investigate the legal
aspects of surrogate motherhood. A background is provided
by an in depth examination and analysis of the practice of
surrogacy in foreign jurisdictions. For this purpose a
selection of interdisciplinary, medical and juridical
reports, court decisions and legislation is analysed.
The surrogacy agreement is affected by principles of both
public and private law. As the agreement is based on
consensus between the parties, Roman Law principles of the
law of obligations, provided a valuable point of departure
in establishing a theoretical basis for the classification
of surrogacy agreements. Having determined the nature of the
agreement, the content is analysed with due regard to
statutory and other relevant considerations, such as the
boni mores, and submissions made regarding the
enforceability and legality of such agreements.
A surrogate mother agreement model is proposed and analysed
in the light of existing South African law. The various ways
in which surrogacy contracts may be breached are examined
and recommendations put forward regarding possible delictual
or contractual remedies.
The legal relationship between the surrogate child and its
gestational (birth) mother and her husband on the one hand
and the intended parents on the other is investigated.
The role of the courts in custody issues - related to
surrogacy - is examined and recommendations put forward as
to how they may be included in the process by determining
the best interest of the surrogate child prior to artificial
insemination.
The civil and criminal liability of medical practitioners
involved in assisted reproductive technology and
specifically surrogacy are expounded. Key issues in the
practice of surrogate motherhood are interpreted in the
light of existing statutory and common law principles.
Recommendations are put forward on these issues and a bill
proposed for the regulation of surrogate motherhood in South
Africa.Private Law
LLD
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Lin, Pei-Ming, and 林佩明. "The Debate of Surrogate Motherhood." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/3um49x.
Full textAbstract:
碩士臺北市立大學
人文藝術學院國民小學教師在職進修公民與社會教學碩士學位班
105
The surrogate motherhood has been a controversial issue for many years in Taiwan. Proponents are looking forward to the legal agreement; however, opponents question it from various dimensions. The study describes the development of the surrogacy in Taiwan and discusses ethical conflicts of artificial reproduction and surrogate motherhood and also the cognitive disputes in feminism as well. Furthermore, the article probes the controversy in legal permission of intended parents, the identity of newborn babies, recognition of consanguinity, money compensation for the surrogate mother and the autonomy for gestational mother's body. Last, it explores and compares different acts such as " Artificial Reproductive Law ", "Draft of Surrogacy Act" and " Draft of certain amendments in Artificial Reproduction Law" as well as concludes and give future suggestions in the government's position on the surrogate motherhood issue. The conclusions of the study are as the followings: 1. The opinion on surrogacy changes from uncertainty to indirect prohibition in Taiwan. 2. Traditional values are needed to be preserved and up to date. 3. The cognitive debate on the body autonomy in feminism exists. 4. Proper legitimate arrangement are necessary to clarify the derivative controversial issues. Moreover, suggestions are made as reference for government policy, such as: 1. The promotion of accurate concept in surrogacy. 2. The additional establishment of consultative institutes. 3. The compulsory compensation for surrogate mothers. 4. The beginning of surrogacy activated from infertile parents and surrogate mother type A. 5. The solution of transnational surrogacy problems on the recognition of consanguinity.
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Kořistka, Jan. "Náhradní mateřství v judikatuře Nejvyššího soudu a Ústavního soudu." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-411501.
Full textAbstract:
Surrogacy in case law of the Supreme and Constitutional Court Abstract This diploma thesis deals with the phenomenon of surrogacy and places the topic and its aspects into the context of up-to-date social background, legal theory and practice and case law of the Supreme and Constitutional Court. The aim of this thesis is to provide a summary of all available theoretical and practical understanding of the matter, analysis of relevant case law and illustration of both legal and factual issues concerning surrogacy in the Czech republic for the reader to be able to form a comprehensive understanding of the matter, taking into account its interdisciplinarity. Keywords Surrogacy, surrogate motherhood, assisted reproduction, parenthood, best interests of the child, right to family and family life
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CHEN, HUI-MIN, and 陳慧敏. "On Surrogate Motherhood – Focus on Taiwan Law." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/675u2p.
Full textAbstract:
碩士真理大學
法律學系碩士班
106
“There are three forms of unfilial conduct, of which the worst is to have no descendants.” is a common saying and puts the heavy pressure on the infertility. The diversification of the modern society such as DINK, never-marry group, marriage at a more mature age, bachelorism, homosexual and so on result in the low birth rate. Although the surrogate motherhood is not legalized in Taiwan, mothers who affected by the traditional descent myth want a child could only try all means to pregnancy or take the risk of finding surrogate motherhood. The draft of Surrogacy Act is criticized by many major groups of children and women for the ignorance of the physical autonomy of surrogate mother and the rights of children. But we do not see the resolution on these issues by the authorities concerned. The rough institution of surrogate motherhood will bring more social problems when it puts into practice in a hurry.
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Liao, Hui Chuan, and 廖慧全. "Discussion of the Legal Regulations Governing Surrogate Motherhood." Thesis, 2000. http://ndltd.ncl.edu.tw/handle/58952270170076172114.
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Chaio, Chang Lung, and 張瓏巧. "The Cognition to Surrogate Motherhood for Public in Taiwan." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/34443045922269621132.
Full textAbstract:
碩士亞洲大學
經營管理研究所
94
“Surrogate Motherhood” is one of the hot topics that people have discussed all over the world. The foreign countries have already had many experiences of the surrogate motherhood over 20 years, but the policy of the surrogate motherhood has been chameleonic in Taiwan. Therefore, the topic of the surrogate motherhood has still discussed in Taiwan. The purpose of this paper is to analyze the cognition of the surrogate motherhood that the public has in Taiwan. This paper generalizes the cognition and attitude tendency of the surrogate motherhood that the public has via questionnaire design and the investigation and to verify the factors that influence the cognition of the surrogate motherhood in order to provide the information to the government to carry out the policy legalization of the surrogate motherhood and the future researches. This paper is analyzed and measured by using the SPSS11.0 version computer software, and is to analyze the relationships between the cognition and population statistic and socioeconomic variables by using the chi-square test, and is to verify the correlation factors of influencing the public accept the surrogate motherhood before and after legalization via Logit model. As the results, over 91.2% interviewees have heard “the surrogate motherhood”, but 47.8% interviewees do not understand the government's legislation process. 64.9% interviewees have thought that the surrogate motherhood should be existed. Interviewees consider that the purpose of having the surrogate motherhood is to have a son to carry on the family name and the information gathering from the magazines and Internet has related significantly via chi-square test. The empirical results, via Logit model, in this paper are that the interviewees accept the surrogate motherhood before and after the legislation and population statistic and socioeconomic variables have positive or negative relation. After the legislation, the reasons of having the surrogate motherhood (the whole forecasted model P value is 0.000; Forecasted percentage 67 ﹪) are to have complete legislation regulation, proper management, and the surrogate motherhood is able to do if the government to guide the public to understand the process of the legislation correctly. Keywords： Public、Surrogate Motherhood、Cognition
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Foster, Lael E. "An exploration of the motivational factors in surrogate motherhood." 1988. https://scholarworks.umass.edu/theses/2140.
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Hlaváčová, Markéta. "Surogační mateřství." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-364962.
Full textAbstract:
The aim of this thesis is analysis of attitudes, opinions and present legislation regarding a surrogate motherhood. The thesis should be recommendation of optimal legal adaptation of surrogacy in Czech Republic. The thesis looks into chosen issue through methods of comparison with foreign legislation and reminder of professional and non- professional views on the issue. The reasons for surrogacy legislation in Czech Republic are particularly the best interest of child, protection of surrogate mother's rights and rights of potential parents and many more. The surrogacy legislation would mean amendments of many legal regulations, which are propounded by the thesis. Keywords Surrogate motherhood, surrogacy, surrogacy legislation, determination and negation of maternity, biological mother, social mother, genetic mother, legal mother, the best interest of child, adoption, right to family and family life Name of the thesis Surrogate motherhood
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Wang, Ying-Shin, and 王英馨. "The Discussion of the Surrogate Motherhood Policy with Policy Network Approach." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/49680284844604190383.
Full textAbstract:
碩士世新大學
行政管理學研究所(含博、碩專班)
91
The objective of this thesis is to understand the recognition, attitude, and behavior of the network participants on the dispute over the topic of surrogate motherhood, and to discuss the interaction model between each network. Hopefully, it acquires the course of policy development over diversity and complexity of the topic, and discovers the impact on the policy, in order to have win-win situation. The research would base on policy network style differentiated by Rhodes, to coordinate the characteristic of the topic, and to divide policy network into policy community, professional network, producer network, and issue network. The objects are the general public and woman’s group from the issue network, and obstetrician group from producer network, and also the professional scholar from professional network, to proceed with questionnaire. In addition, to carry out in depth interview with government official from DOH, legislator, professional scholar, infertile, woman’s group, children’s welfare group, in order to collect the opinion over the topic, and the condition of mutual interaction. From the standpoint of support, other than the tendency of support by the obstetrician’s group, the other three are tending toward opposed position, which the woman’s group has the strongest opposition. Moreover, in speaking of the degree of openness, condition openness is the choice by most people. In addition, to analyze by hypothetical question, woman’s group has expressed that they would definitely not change their original attitude to whether support or not, despite knowing the fact that their friends or relatives may be disturbed by infertility. As for the planning suggestion for the future, that “law should include the right and the obligation for the infertile couple and the surrogate mother” was the focus concerned by everyone. The interview result has shown; woman’s group by far is the most contact individual for communication, at the same time, to participate in public hearing is the most common way and interaction mode. Moreover, to contact through interaction has enable DOH, Chen, Janice G T, woman’s group, obstetrician’s group, and legislators to have even closer network. The questionnaire and interview information has also shown, even though questionnaire said that there are still many doubts over the topic, but part of those who take action has explained that society should respect personal value; under the lack of motive and resource for network participation, it’s hard for the general public to enter the network, this kind of phenomenon has also become the hindrance for those who wish to enter the policy community.
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Chung, Yi-Ling, and 鍾宜伶. "Argumentation on Values Conflict─A Rhetorical Criticism of Surrogate Motherhood Legitimization Controversies." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/98262929765584929127.
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Huang, Liang-Jung, and 黄亮融. "Reinscribing Motherhood: the Mother-Surrogate-Daughter Relationship in Edith Wharton’s Later Works." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/69719971864520294956.
Full textAbstract:
碩士臺灣大學
外國語文學研究所
98
Abstract This thesis examines the influence of Wharton’s mother and surrogate mother figures, especially in her ghost stories and late works. Wharton’s works in the 1920s, especially those written after 1925, reflect this tendency of a deepening understanding of women’s difficulties in motherhood. As Wharton writes the mother-daughter relationship, she negotiates with the maternal forces in her life and career as female writer, positive and negative alike. The daughter-surrogate mother structure embedded in the ghost stories enables the writer to explore the support of a female cooperation within haunting domestic space. In the non-gothic fictions, Wharton’s interest in the issue of motherhood has its affinity with her conflict with and memory of her mother. Through the exploration of the theme of motherhood in her writing, Wharton reconciles with the influence of her mother and achieves a deeper, more sympathetic understanding of women as mothers.
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Huang, Mei-ling, and 黃媺綾. "The Development and Dispute of the Surrogate Motherhood Policy Formation in Taiwan." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/14917795030878322861.
Full textAbstract:
碩士南華大學
公共行政與政策研究所
94
First, the article explains the cause of the surrogate motherhood policy formation, the process of the surrogate motherhood policy formation (including how the problems of the surrogate motherhood is to occur, present, accept and identify) and the process of the surrogate motherhood policy formulation and introduces the surrogate motherhood policy formulation actors as well as their point of views in the surrogate motherhood policy formulation. The actors include administrative organizations, legislatures, interest groups, mass media and citizens. Then the article discusses the interaction of each actor and the influence to the surrogate motherhood policy in their interaction. Second, the article discusses about the dispute caused by the surrogate motherhood policy from ethics aspect, religion aspect, law aspect and feminism aspect. The continuing objections bring about from different aspects and these obstacles defer the surrogate motherhood to be legalized, however, only to understand the essential problems can get the best profit between each other and moreover reduce the damage to procure the legality of surrogate motherhood. Third, the article introduces Surrogacy Arrangements Act 1985 and Human Fertilisation and Embryology Act 2003 of the United Kingdom, Draft ABA Model Surrogacy Act 1985, The Uniform Status of Children of Assisted Conception Act 1988 and Uniform Parentage Act 2002 of the United States and Human Reproductive Technology Ordinance 2002 and Parent and Child Ordinance 2000 of Hong Kong. In order to conclude a surrogate motherhood regulation, which is fitting the needs of the nation and society, the article analyzes, compares, generalizes, and syllogizes foreign legislations. At last, the article synthesizes all the dispute in the process of the surrogate motherhood policy formation. To consider the tripartite interests of commissioning couple, surrogate motherhood and children born of a surrogacy agreement, the conclusions and policy recommendations are proposed as the reference that will be legislated in the future.
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Kopková, Kateřina. "Náhradní mateřství de lege ferenda." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-435439.
Full textAbstract:
Name of the thesis Surrogate motherhood de lege ferenda Abstract The thesis deals with the issues surrounding surrogate motherhood. With the first chapter outlining the terms connected with the topic and describing the possible ways parents can find a surrogate mother. The second chapter explores the methods of artificial insemination. The third chapter analyses current legal regulation of surrogate motherhood in the Czech Republic. Including the evaluation of mater sempter certa est principle and section § 804 of Civil Code, the only section, which explicitly mentions surrogate motherhood. The chapter further explores surrogacy contracts and the decision number I. US 3226/16 of the Constitutional Court of the Czech Republic, with an analysis of supporting and opposing arguments with regards to the decision. Chapter four looks into the foreign laws surrounding surrogacy. It reviews not only the variety of state regulation, where surrogacy is legal and accepted, such that of the United States, Ukraine and India, but also regulation that prohibits surrogacy, such as Germany. The topic of surrogacy tourism and the legal uncertainty which this causes is also examined. For instance, the citizenship issues that may arise for a newborn child. Chapter five recounts the opinion of the European Court of Human Rights...
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Chen, Pie-Chun, and 陳姵君. "The Argumentation about the Legitimacy of Surrogate Motherhood and the Adaption of the Regulations in Taiwan." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/05144757873525601627.
Full textAbstract:
碩士國立雲林科技大學
科技法律研究所
99
Artificial Reproduction Act and Surrogacy Motherhood Act in R.O.C. limited that artificial reproductive technologies treatment should be available only to married couples. Such restrictions have been violated the reproduction right of a single person, heterosexual cohabiting couples and same-sex couples through the implementation of artificial reproduction. Before the legalization of surrogate motherhood, this thesis claim that the right of reproduce should be to establish, and the right was protected under the Constitution .U.K. is the pioneer of Artificial Reproduction technology research in the world.Since Report of The Commeett of Inqiryinto Human Fertilisation and Embryology 1984、Surrogacy Arrangement Act 1985、Human Fertilisation and Embryology Act 1990、House of Commons Science and Technology – Fifth Report 2005、Review of the Human Fertilisation and Embryology Act Proposals for Revised Legislation in U.K and Human Fertilisation and Embryology Act 2008.This thesis expects to give suggestions for amending the legislation of Surrogacy Mother Act in R.O.C by the legal research of artificial reproduction right for non-spousal relationship. Furthermore, this thesis will also raise the issue of the society needs of the surrogate mother, and the objector''s opinion will be rebuttal evidence to the contrary. And this thesis will discuss the impact on Civil Law in R.O.C. after the legalization of surrogate motherhood, and how to response to it. The points above is the core which this thesis to discuss.
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"Transnational Commercial Gestational Surrogacy: Cultural Constructions of Motherhood and their Role in the Development of National Indian Guidelines." Master's thesis, 2011. http://hdl.handle.net/2286/R.I.9413.
Full textAbstract:
abstract: The advent of advanced reproductive technologies has sparked a number of ethical concerns regarding the practices of reproductive tourism and commercial gestational surrogacy. In the past few decades, reproductive tourism has become a global industry in which individuals or couples travel, usually across borders, to gain access to reproductive services. This marketable field has expanded commercial gestational surrogacy--defined by a contractual relationship between an intending couple and gestational surrogate in which the surrogate has no genetic tie to fetus--to take on transnational complexities. India has experienced extreme growth due to a preferable combination of western educated doctors and extremely low medical costs. However, a slew of ethical issues have been brought to the forefront: the big ones manifesting as concern for reduction of a woman's worth to her reproductive capabilities along with concern for exploitation of third world women. This project will be based exclusively on literature review and serves primarily as a call for cultural competency and understanding the circumstances that gestational surrogates are faced with before implementing policy regulating commercial gestational surrogacy. The paper argues that issues of exploitation and commodification hinge on constructions of motherhood. It is critical to define and understand definitions of motherhood and how these definitions affect a woman's approach to reproduction within the cultural context of a gestational surrogate. This paper follows the case study of the Akanksha Infertility Clinic in northern India, a surrogacy clinic housing around 50 Indian surrogates. The findings of the project invokes the critical significance of narrative ethics, which help Indian surrogates construct the practice of surrogacy so that it fits into cultural comprehensions of Indian motherhood--in which motherhood is selfless, significant, and shared.Dissertation/Thesis
M.S. Biology 2011
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Liou, Yi-Sheng, and 劉伊晟. "The Impact of consensus conference in policy making process: case study of consensus conference of surrogate motherhood." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/03260317296333030417.
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Chen, Hui-wen, and 陳慧雯. "A Law and Policy Analysis of Regulation of Assisted Reproductive Technologies: A Case Study of Surrogate Motherhood." Thesis, 1999. http://ndltd.ncl.edu.tw/handle/33522429405510637800.
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Hwang, Shyh-Twan, and 黃世團. "The Institutional Connection of Consensus Conference and Representative Democracy－A Case Study of Surrogate Motherhood in Taiwan." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/79654047122263307247.
Full textAbstract:
碩士國立臺灣大學
國家發展研究所
97
The institutional value of consensus conference is originated from the concept of deliberative democracy of the U.S. and European countries, which gradually develops into a kind of public deliberation institution. In recent years, the ideological trend of deliberative democracy has posed a significant influence on local academic and practical fields, and become the focus of many researchers in Taiwan. Many researches in the political science or public administration fields have been conducted since its introduction. The operation modes and ideology of deliberative democracy are also used with an attempt to hold the consensus conference bothered with controversial issues and value conflicts. At present, most researches tend to be introductions or discussions of theories relevant to deliberative democracy or introductions and assessments of the practical pattern of deliberative democracy, while seldom concern the institutional connections and institutional designs of deliberative democracy and representative democracy. The void effort spent for the aforesaid fields is urgently required for upcoming academic endeavor. The case study of this research is the “Consensus Conference on Surrogate Motherhood”, the first conference focusing on national public policy issue. It integrates the influences and effects of consensus conferences from the controversies and development of the policy problems of surrogate motherhood. Also, SWOT analysis and strategy process is used for this research. It also aims to assist the construction of relevant concepts, serve as a reference for pragmatic application, inspect the strategic environment faced by Taiwan regarding the development of the democratic mechanism of deliberative consensus conference, further assess the feasibility of its strategies or promotion as well as the selection of strategies to search for the most appropriate operating strategies for the institutional connection between consensus conference and representative democracy.
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Kuan, Chen-I., and 官晨怡. "A Study on the Public Discourse upon Legislative Process of Surrogate Motherhood: A Voice from an infertile Woman." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/42012596444361747845.
Full textAbstract:
碩士國立陽明大學
衛生福利研究所
90
Owing to the great progress of Assisted Reproductive Technology, Department of Health, Taiwan. R.O.C. started to revise the law of it. The legalization of surrogacy was among all the most controversial part. The Assisted Reproductive Technology was finally banned during the decision process led by experts and scholars. However, it has been gradually transformed by the infertile woman’s participation in the public activities.Nowadays it is not only the issues of “ The Right and Need of the infertile women” are discussed, but also the ban against Assisted Reproductive Technology has been relieved. The infertile woman has long been oppressed and stigmatized and thus become silent and invisible. Their fate is therefore determined by others because of their silence and imperceptibility. This is why the study focuses on the infertile woman’s voice and their striving for the legalization of surrogacy; and based on it, this study will explore in Taiwan how it is developed the discourse upon surrogacy and how it is emerged the subjectivity of sterility women in the process of their involve in advancing the legalization of surrogacy. In this study, the issues of surrogacy debated in Taiwan and the process of the formation of the infertile women’s subjectivity will be presented in sequence. In the end, this study will point out the importance of the formation of the sterility women’s subjectivity. This study implies that although all kinds of Assisted Reproductive Technology could be commercialized or are ambiguous in law, surrogacy are the only illegality while other kinds of Assisted Reproductive Technology are accepted in terms of medical-treatment and-disease discourse. On the surface, it is because surrogacy conflicts with the Civil Law, but the key point is the new mode of childbirth clashes with the social image of childbirth and motherhood. This is why surrogacy is shaped into “ a technology that may threaten the social norm” in the public discourse. However, once such discourse is formed, it supplies the infertile women the subjectivity to engage and promote the legalization of surrogate motherhood. This research will show the dialectical relation of the "discourse/subject/resistance", and how the discourses of "infertility is illness" and"infertiliy is against filial piety" become the ground of the resistance of the infertile women. During the process, the formation of subjectivity of infertile women begane to come into shape. In addition, since surrogacy is involved with the borrowing of female uterus, so it is opposed and critizied by some feminist organizations. And the infertile woman who actively avocate the legalization of surrogacy are forced to answer the interrogation by the feminist organizations. By analyzing the correspondence of the infertile woman, this reseach will point out the importance and limit of these feminist and the resistance of the infertile women. At the end, this reseach return to the relation of "konwledge/power/" to interpret the meaning of the action of the infertile woman. The voice of the infertile woman exposes that "the normal procreation pattern" is, in fact, defined base on a dominating structure. It is assume the subject to be "one who has normal ability to produce young", and base on a "heterosexual family structure". Because of the presupposition, the needs and rights of other minorities are overlooked and denied completely. Therefore, this reseach suggests that no matter what the outcome is on the issue of surrogacy, this matter should be acknowledge and be discussed openly among the public. Thus ,more voices and opinions can be taken into consideration when making this kind of legislative decision.
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Součková, Anna. "Právní a etické aspekty asistované reprodukce." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-351740.
Full textAbstract:
This thesis deals with legal and ethical aspects of assisted reproduction. The aim of the thesis is to analyse the current legal regulation of assisted reproduction in the Czech Republic, in comparison with the legal system of selected countries. Further aim is to expose the legal regulation's deficits and suggest possible solutions de lege ferenda, particularly with regard to scientific developments and ethical attitudes of the current society. The thesis is divided into six chapters, including the introduction and conclusion. The introductory chapter outlines the issue of assisted reproduction and denotes individual areas on which the thesis will focus. The first chapter deals with the various methods of assisted reproduction and with the term of infertility from the perspective of medical and historical perspective. The second chapter focuses on the legal regulation of individual areas of assisted reproduction in the Czech Republic. Among others, these areas consist of the constitutional protection of the human embryo, the determination of parenthood, the issue of surrogacy, gamete donation and disposition of embryos. The third chapter deals with a comparison of legal framework in selected states. As a representative of the Anglo-American system was chosen United Kingdom of Great Britain and...