Journal articles: 'The Surrogacy (Regulation) Bill'

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Bhattacharyya, Rituparna. "Draft Surrogacy (Regulation) Bill 2016: Rhetoric or Surrogate-centric?" Space and Culture, India 4, no. 2 (November 16, 2016): 9. http://dx.doi.org/10.20896/saci.v4i2.219.

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Chaired by honourable Prime Minister, Mr. Narendra Damodar Modi, the Union Cabinet on 24 August 2016 introduced and approved the draft bill on Assisted Reproductive Technologies (ART) in India, known popularly as the Surrogacy (Regulation) Bill, 2016. The bill aims at regulating the ever-proliferating unregulated surrogacy industry interalia banning commercial surrogacy services for single parents, homosexuals, cohabiting partners in addition to foreigners and overseas citizens of India. The key aim of this commentary is to make a nuanced examination of the draft bill aimed at gaining a deeper understanding of the practice of surrogacy and address gaps (if any) that require interventions.

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Nixon, Joseph, and Olinda Timms. "Il dibattito legale ed etico sul divieto di commercio della maternità surrogata in India / The legal and moral debate leading to the ban of commercial surrogacy in India." Medicina e Morale 66, no. 4 (October 11, 2017): 513–31. http://dx.doi.org/10.4081/mem.2017.504.

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Le tecniche di riproduzione assistita (ART) offrono la possibilità di una maternità surrogata alle coppie sterili o senza figli. Alla fine degli anni ‘80, specialisti qualificati in India hanno approfittato della disponibilità di madri surrogate e dell’assenza di regole per creare un mercato di maternità surrogata per i clienti sia indiani sia esteri. Il Ministero della Salute è intervenuto con le linee guida solo dopo forti proteste di gruppi di donne e cittadini, facendo seguito alle storie su ostelli surrogati, bambini abbandonati e sfruttamento. Nel frattempo, le cliniche dell’infertilità si sono moltiplicate, offrendo gameti di donatori, fecondazione in vitro e maternità surrogata ad un costo molto inferiore rispetto ai paesi occidentali. Dai primi anni del 2000, l’India è divenuta la destinazione più popolare per la pratica della maternità surrogata. In risposta alle proteste e consapevole del divieto di accordi di maternità surrogata negli altri paesi, il Governo indiano ha emanato le linee guida ART che erano via via restrittive; ma tali disposizioni non sono state in grado di arginare il business ormai florido. Infine, nel 2016, il governo ha proposto un disegno di legge per porre fine alla maternità surrogata commerciale. Il regolamento Bill 2016 considera esclusivamente gli accordi di maternità surrogata, non considerando tutti gli altri aspetti della riproduzione assistita e delle cliniche coinvolte. La legislazione è stata rivolta principalmente alle questioni sociali e agli elementi di sfruttamento della maternità surrogata commerciale, più che al processo tecnico. Se approvata, tale legge vieterà efficacemente maternità surrogata commerciale in India. ---------- Assisted Reproductive Technologies (ART) offer the possibility of unrelated surrogacy arrangements to infertile couples and childless human relationships. In the late 80s, qualified specialists in India took advantage of the availability of willing surrogates and the absence of regulations, to create a market in commercial surrogacy for clients from within the country and abroad. The Ministry of Health stepped in with guidelines only after strong protests from women’s groups and citizens, following media stories of surrogate hostels, abandoned children and exploitation. Meanwhile, ‘infertility’ clinics mushroomed, offering donor gametes, in-vitro fertilization and surrogacy services at a fraction of the cost in western countries. By early 2000s, India had emerged as the most popular destination for commercial surrogacy arrangements. In response to protests from doctors, citizens and human rights groups, and mindful of the ban on commercial surrogacy arrangements in most developed countries, the Government issued ART guidelines that were progressively restrictive; but these did not have the teeth to rein in the lucrative business that commercial surrogacy had transformed into. Finally, in 2016, the Government proposed a Bill that would bring an end to commercial surrogacy. The Surrogacy (Regulation) Bill 2016 addressed surrogacy arrangements exclusively, taking it out of proposed ART Bill that was aimed at comprehensively regulating all other aspects of assisted reproduction and the clinics involved. The legislation was directed mainly at the social issues and exploitative elements specific to commercial surrogacy arrangements, rather than the technical process. If passed, the Surrogacy Bill will effectively ban commercial surrogacy in India.

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Gola, Swati. "One step forward or one step back? Autonomy, agency and surrogates in the Indian Surrogacy (Regulation) Bill 2019." International Journal of Law in Context 17, no. 1 (February 16, 2021): 58–74. http://dx.doi.org/10.1017/s174455232100001x.

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AbstractThe Indian government has recently introduced legislation to regulate ‘altruistic’ surrogacy while banning ‘commercial’ surrogacy amidst the criticism that India has become the ‘baby factory’. In the past decade, academic discourse has raised socioethical and legal issues that surfaced in the unrestricted transnational commercial-surrogacy industry. Most of the literature and ethnographic studies centred on the issues of informed consent, autonomy, decision-making and exploitation. With the proposed legislation, the Indian government has shown its will to regulate surrogacy, including the medical intermediaries as well as the contract between the intending parents and the surrogate mother-to-be. The present paper addresses the legal and socioethical context in which India introduced the Surrogacy (Regulation) Bill 2019. It examines the extent to which the proposed law responds to the legal challenges and socioethical concerns that surfaced in the course of unregulated transnational commercial-surrogacy arrangements in India. It argues that, even though the proposed legislation addresses and responds to some of the legal and ethical concerns such as informed consent and legal parentage, it stops short of ensuring the welfare and well-being of the surrogate. Second, the legal certainty of parentage and the child's rights comes at the cost of the physical and psychological well-being of the surrogate. Finally, it argues that, by presupposing the surrogate as an autonomous agent and yet imposing the requirement of marriage, the Bill overlooks the sociocultural realities of patriarchal hierarchies entrenched in Indian society – that, in its conception of ‘family’, the focus on the ‘traditional’ family not only presents a narrow view of the heteronormative family and perpetuates the patriarchal notions of gender roles, but also fails to take into consideration maternal pluralism in surrogacy arrangements, undermines the modern family and, above all, discriminates against the single person's and lesbian, gay, bisexual, transgender, and queer (LGBTQ) communities’ right to found a family. Since many countries that served as centres for international commercial-surrogacy arrangement (such as Cambodia, Thailand and Nepal) have recently started to take steps to prohibit or limit transnational surrogacy arrangements, the analysis of Indian law in the present paper will provide a useful context within which these countries can effectively regulate surrogacy while safeguarding the surrogate's rights and interests.

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Borah, Meghna, Arup Kumar Hazarika, and Unmilan Kalita. "Right to be a Surrogate: Biological, Constitutional and Economic Perspectives." Space and Culture, India 8, no. 1 (June 29, 2020): 78–90. http://dx.doi.org/10.20896/saci.v8i1.699.

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For the survival of all forms of life, procreation is essential. However, natural procreation is not always scientifically possible. As such, the practice of surrogacy and the use of Assisted Reproductive Techniques have become more widely recognised and accepted in societies all over the world. However, various complex and controversial issues are bounded in such practices. The Surrogacy (Regulation) Bill, 2019 introduced by Government of India makes an attempt to eradicate some of those issues associated with surrogacy. Nevertheless, the legislation seems to be in derogation to the Constitution of India and universal human rights. This study is designed to substantiate in detail the right to be a surrogate in light of the constitutional mandate along with an evaluation of the eligibility criteria to be a surrogate and its consequences with regard to the existing legal framework. Besides, the economic perspective of exploitation of surrogates via banning of commercial surrogacy has been briefly discussed. The discussion under this study is expected to put forward an essential perspective to the right to be a surrogate in relation to a woman’s right to life and personal liberty. Further, prohibiting commercial surrogacy may push practicing surrogates towards other economically unrewarding, poorly regulated and potentially hazardous forms of employment or even make them subject to human trafficking. Therefore, recognition of the right to be a surrogate vis-à-vis the Surrogacy (Regulation) Bill, 2019, would help in avoiding blatant miscarriage of universal justice while upholding the supremacy of the Constitution of India.

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Sarkar, Sucharita. "Not transaction but service? Interrogating the multiple surrogacy narratives in India." Current Sociology 69, no. 2 (January 11, 2021): 249–65. http://dx.doi.org/10.1177/0011392120964906.

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The asymmetrical commercial surrogacy industry in India has been subject to media scrutiny and scholarly debate focusing on biomedical, legal, ethical and feminist concerns. Since 2016, this discourse has taken a contested turn, as the new Surrogacy (Regulation) Bill bans commercial surrogacy and allows only altruistic surrogacy for heteronormative, married, clinically-infertile Indian couples/women. This Bill has been passed by Parliament’s lower house, but is still being debated in the upper house. One recurrent trope underpinning the surrogacy rhetoric is the Hindu figuration of the sacrificing mother, as iconified in the mythical Yashoda. Altruistic surrogacy is usually framed as an ethical extension of selfless motherhood; and commercial surrogacy stakeholders also use the same trope to validate surrogacy. This article critiques how Hindu constructs of motherhood impact the rhetoric and politics of surrogacy in India. Using a three-part analysis, the author discusses a Hindu surrogacy myth, investigates government and media texts on the new Bill, and explores select testimonials of surrogates (sourced through secondary research). The research question in the article is: how are the rights of surrogates being addressed (or diminished) through the use of Hindu motherhood tropes and the framing of surrogacy as gift-giving or unpaid service rather than transaction?

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Gautam, Upma, and Anandita Yadav. "The Surrogacy (Regulation) Bill 2016: Pitfalls and challenges ahead." VIDHIGYA: The Journal of Legal Awareness 11, no. 2 (2016): 30. http://dx.doi.org/10.5958/0974-4533.2016.00012.9.

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Gupta, Anu, and Sheela Prasad. "‘Outsourced pregnancy’: Surrogate narratives from Hyderabad." Contributions to Indian Sociology 53, no. 2 (May 23, 2019): 299–327. http://dx.doi.org/10.1177/0069966719836883.

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Surrogacy has always been contested and much debated in India since its legalisation in 2002, and the recent Surrogacy (Regulation) Bill, 2016, has led to a renewed engagement with it. The advent of assisted reproductive technologies (ART) provided an opportunity for the medical establishment, market and infertile couples to come together in a mutually beneficial arrangement, which is made possible by a surrogate. ART, while medicalising the reproductive capacity of women, also calls for a redefining of the concepts of ‘motherhood’, family and reproductive choice. This article primarily documents the experiences of surrogates through their narratives about the continuous struggle with themselves, their families and the medical establishment. In this matrix of unequal power relations that surrogacy epitomises, the surrogate has a precarious voice. The article argues that while surrogacy extracts a physiological and emotional price that the surrogates pay, it is empowering in a limited way. It offers women economic opportunities of a scale otherwise denied to them, enabling them to fight a life of poverty.

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Ahmad, Nehaluddin. "An International View of Surgically Assisted Conception and Surrogacy Tourism." Medico-Legal Journal 79, no. 4 (December 2011): 135–45. http://dx.doi.org/10.1258/mlj.2011.011029.

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Modern medicine, specifically assisted reproductive technology (ART), has overtaken the law in many jurisdictions around the world. New technologies and practices open a Pandora's Box of ethical, religious, social and legal questions, and may present a variety of significant legal problems to the courts and legislators. Surrogate motherhood and pregnancy through ART have both attracted controversy. Some groups condemn ART and want it banned while its supporters acknowledge there is a need for legislative guidelines and regulations. A proposed statute, the Assisted Reproductive Technique Services Act, aimed at regulating reproductive technologies, including surrogacy arrangements, will be introduced in the Malaysian parliament, probably in 2012, and the Assisted Reproductive Technology (Regulation) Bill 2010 is already before the Indian parliament. This paper will discuss several of the potential socio-legal issues surrounding ART in the light of the complex situation, with a comparative analysis of the Malaysian, USA, UK and Indian positions.

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Ghosh, Debabrata. "Biomedical considerations of the new draft Surrogacy (Regulation) Bill, 2016." Journal of Reproductive Health and Medicine 2 (November 2016): S1—S2. http://dx.doi.org/10.1016/j.jrhm.2016.11.001.

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Fellowes, Melanie G. "Commercial surrogacy in India: The presumption of adaptive preference formation, the possibility of autonomy and the persistence of exploitation." Medical Law International 17, no. 4 (October 18, 2017): 249–72. http://dx.doi.org/10.1177/0968533217735145.

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India’s proposed 2016 Bill on the regulation of surrogacy is its latest attempt to respond to criticism regarding the lack of protection given to those entering into a commercial surrogacy arrangement. Adaptive preference theorists presume that a decision made in an oppressive environment, which is inconsistent with the woman’s well-being, is not autonomous and that she is therefore exploited. This article challenges this presumption, arguing that some decisions may be suspected as adaptive preferences but they may nevertheless be autonomous. However, it is contended that even if the choice is autonomous, there may still be exploitation given the imbalance of bargaining power and the nature of the service. Rather than a blanket ban on commercial surrogacy, it would be better to reduce exploitative conditions by establishing adequate protection and safeguards for the commercial surrogate and others who are party to the arrangement.

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ANITHA K N, ANITHA K. N., and Dr B. S. REDDY Dr. B. S. REDDY. "The Assisted Reproductive Technologies Regulation Bill,2010 : A Hope Ray to Regularise Surrogacy in India- A Human Right Perspective." Indian Journal of Applied Research 3, no. 12 (October 1, 2011): 246–48. http://dx.doi.org/10.15373/2249555x/dec2013/73.

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Sengupta, Jayasree. "Opinions on the new draft Surrogacy (Regulation) Bill, 2016 in India." Journal of Reproductive Health and Medicine 2 (November 2016): S18. http://dx.doi.org/10.1016/j.jrhm.2016.11.002.

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Tiwari, Neha. "Commercial Surrogacy in India: An Overview." Asian Review of Social Sciences 8, no. 2 (May 5, 2019): 35–41. http://dx.doi.org/10.51983/arss-2019.8.2.1592.

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Commercial surrogacy is an arrangement in which a woman agrees to carry a person (s) child and is paid for her services which is beyond medical expenses associated with the pregnancy. It can be gestational as well as genetic. Though it has been supported on the grounds that it helps both the childless couple and the surrogate, it has also been criticized on the grounds that it exploits the surrogates. In the year 2002 commercial surrogacy was legalized in India. With time India emerged as the hub of commercial surrogacy for primarily four reasons. Firstly, low cost. Secondly, world class medical facilities. Thirdly, easily available surrogates and lastly, lenient rules and regulations. With time many cases begun to emerge in which different stakeholders were harassed due to the lack of codified laws. On 19th December 2018, the Indian state passed a bill banning commercial surrogacy. The paper attempts to trace the journey of commercial surrogacy in India.

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Dey, Soma. "The New Surrogacy Bill 2016: Is exclusion the only form of effective regulation?" Journal of Reproductive Health and Medicine 2 (November 2016): S3—S6. http://dx.doi.org/10.1016/j.jrhm.2016.11.005.

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Olusegun Olaitan Oluwaseyi and Olatawura Oladimeji. "Surrogacy Agreements and the Rights of Children in Nigeria and South Africa." Obiter 42, no. 1 (May 2, 2021): 20–38. http://dx.doi.org/10.17159/obiter.v42i1.11054.

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Surrogacy agreements help to provide children for persons who cannot achieve conception or carry a child to term themselves. This practice has improved several lives over the years but can also be exploitative for some parties involved, if not adequately regulated.Using the doctrinal research method, this study discusses the rights of children in surrogacy agreements and examines the regulation of the practice in Nigeria and South Africa. This study found that a comprehensive framework regulating surrogacy agreements is lacking in Nigeria, while the practice is regulated in South Africa under Chapter 19 of the Children’s Act 38 of 2005 (Children’s Act). The lack of a legal framework in Nigeria implies that the rights of children born through surrogacy agreements may be violated. Two Bills are however awaiting passage into law in Nigeria.This study thus recommends the enactment of these Bills into one comprehensive law so as to regulate surrogacy agreements effectively in Nigeria and safeguard the well-being of children. Legislation regulating surrogacy agreements in Nigeria should include provisions similar to those found in the Children’s Act of South Africa. Policies that promote the best interests of the child should be adhered to and their rights to know their biological heritage, identity and nationality, and to prevention from harm, should be protected and promoted.

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Fishman, RachelleH B. "Israel's surrogacy bill." Lancet 345, no. 8948 (February 1995): 512. http://dx.doi.org/10.1016/s0140-6736(95)90607-x.

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Nair, Smitha Sasidharan, and Rajesh Kalarivayil. "Has India’s Surrogacy Bill Failed Women Who Become Surrogates?" ANTYAJAA: Indian Journal of Women and Social Change 3, no. 1 (June 2018): 1–11. http://dx.doi.org/10.1177/2455632718778375.

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Surrogacy in India is a 2.5-billion-dollar industry. The article highlights how India’s Surrogacy Bill, 2016, has failed the women who become surrogates. The bill constructs the image of a ‘good woman’ who is ready to bear the child of a relative as a ‘good deed’ for the perpetuation of the family name. It fails to address the fact that the woman consents to surrogacy under the unequal circumstances of poverty, casteism and the patriarchal exploitation of women within the family.

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Kaur, Simranpreet. "Surrogacy: The Need, Usage, Misuse, and the much Needed Rectification Step – The Proposed Surrogacy Bill 2016." AMEI's Current Trends in Diagnosis & Treatment 1, no. 1 (March 1, 2017): 46–49. http://dx.doi.org/10.5005/jp-journals-10055-0011.

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Unnithan, Maya. "Thinking through Surrogacy Legislation in India." Journal of Legal Anthropology 1, no. 3 (September 1, 2013): 287–313. http://dx.doi.org/10.3167/jla.2013.010302.

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As its main focus the article is concerned with explaining the proposed Indian Assisted Reproductive Technologies (ART) Bill 2010 (2008), and in particular discusses some of its limitations using a relational conception of consent and autonomy. It is argued that two major limitations arise from, firstly, the way the Bill attempts to introduce ‘universal’ notions of informed consent into a cultural context of socially determined decisionmaking, resulting in the failure to safeguard the welfare of Indian surrogates. A second limitation is that the proposed law entitles only some poor women (surrogates) in India to realise access to quality medical healthcare services compared to others (poor, infertile women). Given the significant class and gender based inequalities which frame reproductive healthcare service delivery in the country, legally guaranteed access to health services for surrogates becomes a privilege where the rights of some individuals and couples to reproduce and exercise procreative agency is valued and not others. The article argues that the Bill must give due consideration to the complex, relational and highly stratified contexts in which women undertake childbearing in India to understand why legally comprehensive consent procedures can co-exist with violations of personhood in practice. Without such consideration the article suggests that injustice toward infertile women can become part of the same legal process wherein overcoming infertility is recognised as a right.

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Yarosh, A. V. "Surrogacy Program State Regulation Experiment." Lex Russica, no. 8 (August 27, 2021): 126–32. http://dx.doi.org/10.17803/1729-5920.2021.177.8.126-132.

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In the pursuit of family happiness, married couples, faced with family infertility, often turn to surrogate mothers either directly or through intermediaries. Having experienced a large number of negative factors on the part of the participants in this process, the author concludes that it is necessary to create a platform for the effective implementation of the surrogacy program under state control using new (experimental) legal mechanisms within the framework of a pilot state experiment within a certain medical organization. The use of private legal means aims at creating comfortable and safe conditions for the implementation of the surrogacy program. The introduction of special credit conditions (new types of loans issued on special conditions, with additional guarantees), with the possibility of early repayment at the expense of maternal (family) capital will help to stabilize the financial side and protect potential parents.The goals and objectives of the study are to highlight problematic issues related to the implementation of the surrogacy program, as well as to model an experimental platform that will create a favorable legal climate of openness and security for potential parents, surrogate mothers and medical organizations. The paper also analyzes the advantages of the participants of this platform.Research methods are analysis, synthesis, modeling, comparative legal, system analysis, as well as deductive and inductive methods.The result of the conducted research is the author’s reasoned conclusion that the implementation of the experiment on state regulation of the surrogacy program in Russia will not only create favorable legal conditions aimed at the effective implementation of the surrogacy program, but also solve a number of important social, including demographic, tasks.

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Kaur, Gurleen, and Rakesh Chawla. "Surrogacy in India: ethics versus incentive." International Journal Of Community Medicine And Public Health 8, no. 7 (June 25, 2021): 3713. http://dx.doi.org/10.18203/2394-6040.ijcmph20212633.

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The word surrogacy has its origin among the Latin term “surrogatus” which suggests a lady acts as a substitute for a pregnant woman. Surrogacy has been in practice form last thirty years. The surrogacy regulated by business can be classified as then, altruistic surrogacy and commercial surrogacy. The paper aim to conduct systematic review on surrogacy. The literature review was conducted using PubMed and alternative search engines. Further, additional information concerning the constitutional articles was collected from search engines like legal service of India, prsinndia.org, icmr.nic.in, Press Information Bureau, Wikipedia, IJCM and Indiankanoon. In India, surrogacy is legally recognised since 2002. This paper looks into various aspects of surrogacy. Factors faced by the surrogate mother such as exploitation, psychological conditions, human rights, dignity and respect, feminism and religious issues are explored. The paper discuss the economic benefit is mostly enjoyed by the medical practitioners. The Indian government tried to curb the problems by updating the law to overcome the challenges but with time government introduce the surrogacy bill in 2016 which addressed many issues and still in 2020 it address various aspects of surrogacy to prevent the exploitation.

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ANTONOV, SERGII. "Methods of Legal Regulation for Surrogacy in Ukraine and Abroad." Право України, no. 2020/03 (2020): 129. http://dx.doi.org/10.33498/louu-2020-03-129.

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Almost at the onset of surrogacy as a method of ART, it has been attracting the attention of society as the way to fulfill the issue of high priority – procreation and family. Surrogacy has become one of the main research objects of bioethics that studies the ethical and moral aspects of the use of new biological and medical technologies. The main issue of this article is the identification and comparative analysis of the features of the legal regulation of the method of surrogacy in Ukraine and other countries. The particular importance lies in specifying those prohibitions and restrictions, who they are applied to, and how they relate to the human right to procreation. The comparison to the laws of other countries that have a better legal surrogacy regulation will take place. The theoretical and practical significance of the work is reflected in the fact that the results can be used in the further theoretical development of the legal issues related to surrogacy as one of the methods of human assisted reproduction. The research made it possible to find out the basic terms that are used in the legal regulation of surrogacy. In the course of the research, it was found out that legal regulation of the use of the ART methods in the word, including surrogacy, varies depending on the jurisdiction. Each country has their laws. Nowadays it is possible to divide legal regulation of the use of the surrogacy method into four basic legal regimes: – regime of permission; – regime of restriction; – regime of complete prohibition (in any form); – regime of uncertainty. Ukrainian legislation is considered to be very liberal in relation to surrogacy. Major types of surrogacy, including commercial surrogacy, are permitted and widely used. Moreover, in Ukraine, legislation does not allow traditional surrogacy, and also does not allow couples who do not have a registered marriage, single people, and same-sex couples, to use this method. It should also be borne in mind that the method of surrogacy can only be used for medical reasons. In Ukraine, taking into account the peculiarities of notarization, agreements (contracts) on commercial surrogacy should be preferably signed by a notary. However, in the legislative norms there is no direct reference to the notarized form of such an agreement.The obtained research results indicate that Ukrainian surrogacy legal regulation is lacking a special law and thus remains fragmented. According to the author, only through the adoption of a special law in Ukraine, it will be possible to make proper legal regulation of basic reproductive human rights, including the application of the method of surrogacy, the peculiarities of concluding surrogacy agreements, post-mortem human reproduction and delayed parenthood.

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Georgijevic, Goran. "Civil Law Aspects of the Mauritian Children's Bill of 2019." Bratislava Law Review 4, no. 1 (August 31, 2020): 143–66. http://dx.doi.org/10.46282/blr.2020.4.1.178.

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The Mauritian Children’s Bill of 2019 addresses many issues pertaining to child protection, such as best interest of a child, prohibition of discrimination of children, marriage of children, ill-treatment of children, surrogacy and sale of children and child prostitution. However, we may observe that the Bill regulates mainly the criminal law aspects as well as the administrative measures aiming at protecting children. The Bill does not contain the rules on Civil law aspects of the issues addressed in the Bill. In this article, we will analyse those Civil law aspects.

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Turianskyi, Yurii. "PROBLEMS OF LEGAL REGULATION OF SURROGACY." European Political and Law Discourse 7, no. 2 (2020): 335–40. http://dx.doi.org/10.46340/eppd.2020.7.2.44.

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SEMBA, YUKARI, CHIUNGFANG CHANG, HYUNSOO HONG, AYAKO KAMISATO, MINORI KOKADO, and KAORI MUTO. "SURROGACY: DONOR CONCEPTION REGULATION IN JAPAN." Bioethics 24, no. 7 (November 30, 2009): 348–57. http://dx.doi.org/10.1111/j.1467-8519.2009.01780.x.

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Suprun, Yana Ivanovna, and Anastasiya Maksimovna Kozlova. "Practical and theoretical problems of legal regulation of surrogacy." Политика и Общество, no. 1 (January 2021): 1–12. http://dx.doi.org/10.7256/2454-0684.2021.1.35608.

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The subject of this research is the legal norms applied to the surrogacy program as an independent institution that requires a separate place in the system. The object of this research is the social relations arising in the sphere of surrogacy procedures for future parents, as well as protection of the rights of a child born from artificial insemination. Special attention is given to such aspects as the surrogacy contract, registration of a child born to a surrogate mother, court opinion on the refusal to register a child born to a surrogate mother, and right of a single father to register a child born to a surrogate mother. The novelty of this article lies the analysis and examination of case law dedicated to the practical and theoretical problems of using surrogacy. The definitions are provided to the concepts of surrogacy and surrogate mother. Recommendations are made on the amendments to family and civil legislation by introducing norms that would regulate and determine the legal nature of surrogacy contract, norms on the child’s registration by the genetic parents who are not legally marries, as well as norms that to regulate the rights and responsibility, legal status of the father of a child born to a surrogate mother.

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Botes, Anri, and Laetitia Fourie. "Werknemers as Lasgewende Ouers in Surrogasie-Aangeleenthede: Die Geboorte van nuwe Verlof-behoeftes in Suid-Afrika." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (May 4, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1373.

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Commissioning parents in terms of a surrogacy agreement have the same parental obligations as traditional parents towards their child. However, since the legitimising of surrogacy in terms of the Children’s Act in 2005, no provision has been made to accommodate the need for leave from work for commissioning parents in order to fulfil their obligations in this regard. The only form of recourse available to commissioning parents may be found in section 27 of the Basic Conditions of Employment Act (BCEA) which provides for family responsibility leave of three days. It is submitted that this is insufficient. In the matter of MIA v State Information Technology Agency, it was mentioned in passing that amendments to current labour legislation are necessary to address the lacunae in this respect. As was seen in this matter, the absence of legislative provisions regarding relevant leave will likely give rise to claims of discrimination based on various grounds. The Labour Laws Amendment Bill 2015 has since proposed amendments to the BCEA regarding, amongst others, leave for surrogacy matters. It currently proposes ten weeks commissioning parental leave to be available to one commissioning parent and ten days ordinary parental leave to the other, to be taken from the date of birth. Although the Bill is welcomed, various concerns pertaining to the duration and management of the various types of leave can be identified that need urgent address, particularly as far as the best interests of the child is concerned. The latest developments in the United Kingdom in relation to the above matter provides that its legal system serves as a worthy comparator to provide guidance as to how the Bill may be improved in order to protect all the relevant parties to a surrogacy agreement, as well as the child born in terms thereof.

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Kuchynska, Oksana P., Oksana Yu Kashyntseva, and Oleh V. Shchyhol. "CURRENT ISSUES OF LEGAL REGULATION OF SURROGATE MATERNITY AND ENFORCEMENT OF RIGHTS OF SURROGATE MOTHERS." Wiadomości Lekarskie 73, no. 12 (2020): 2871–76. http://dx.doi.org/10.36740/wlek202012228.

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The aim: To propose effective jurisdictional methods in the field of legal regulation of surrogacy and ensuring the rights of surrogate mothers in the EU. Materials and methods: The research is based on international documents in the field of surrogacy, Ukrainian legislation, decisions of the European Court of Human Rights, scientists' works in the field of legal regulation of surrogacy, etc. General scientific methods (synthesis, induction, system method) and specific scientific methods (comparative legal and special legal methods) are used. Conclusions: The study found that today some issues related to the surrogacy legal nature, conditions and procedure for its implementation remain out of the EU's attention. It is established that the adoption of a separate regional (within the EU) legal act will fully solve the existing problems, ensuring the effectiveness and transparency of surrogacy, will unify the medical tourism's mechanisms in the field of surrogacy. The authors have developed and proposed to enshrine the main provisions on surrogacy in the EU Regulation / Directive.

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O'Callaghan, Elaine. "Surrogacy and public policy." Northern Ireland Legal Quarterly 72, AD2 (August 31, 2021): 29–35. http://dx.doi.org/10.53386/nilq.v72iad2.921.

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The Supreme Court in the United Kingdom has held that it is not contrary to public policy to award damages in tort to fund a commercial surrogacy in another jurisdiction where this is lawful. This significant decision, in the case of Whittington Hospital NHS Trust v XX [2020] UKSC 14, will potentially have an impact on the regulation and reform of surrogacy law in the United Kingdom, Ireland and internationally. The judgment delivered by Lady Hale draws attention to multiple inconsistencies in the law, and it highlights, in particular, the need for effective regulation of domestic surrogacy. Legislators face an important and imminent challenge to reconcile the reality of commercial surrogacy with a deficient legal framework. This article seeks to highlight some of the important issues which this case has raised when considering regulation and reform of surrogacy law.

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Sylkina, Svetlana M., Nurlaiym K. Mynbatyrova, Zhuldyz B. Umbetbayeva, Gulmira K. Shulanbekova, and Dana U. Baitukayeva. "Surrogacy: An international comparative analysis of the fundamental legislative principles of Ukraine." Medicine, Science and the Law 60, no. 1 (November 10, 2019): 37–44. http://dx.doi.org/10.1177/0025802419884417.

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In contemporary societies, the use of assisted reproductive technologies has become increasingly widespread, justifying the need for proper legal regulation of the relevant relationships. The purposes of the article are to analyse the nature the content of the phenomenon of surrogacy, to assess the current legislation of Ukraine in this area and to produce a comparative analysis with the legislation of other states. The aim is to formulate recommendations and outline prospects for further development of national legal regulation of surrogacy relationships. Within the framework of this research, the regulatory matrix and individual regulation of surrogacy were subjected to a comparative analysis within the context of ensuring the rights and freedoms of those citizens implementing surrogacy. This assisted in revealing medical and social dimensions of the legal relations of surrogacy, determining their purpose, considering the specifics of concluding a surrogacy agreement and reviewing the legal status of subjects.

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Reznik, O. M., and A. E. Ishchukova. "Legal regulation of surrogacy in Ukraine and the United States of America." Legal horizons, no. 18 (2019): 34–38. http://dx.doi.org/10.21272/legalhorizons.2019.i18.p34.

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In this article, the authors investigated the regulatory acts and laws governing surrogacy in Ukraine. The concept of “surrogacy” was also considered and the absence of fixing of this term at the legislative level was established. In addition, it was determined that the necessary condition for the implementation of the method of surrogacy is the genetic link of the spouse or one of the couples with an unborn child. It follows that the surrogate mother should not be genetically related to the child. However, the legislator doesn’t prohibit bearing the pregnancy of close relatives of future parents (sister, mother, aunt, cousin, etc.). This work also focuses on the definition of the legal nature of the contract concluded between the surrogate mother and the infertile couple for artificial insemination by the method of surrogacy. As a result, this agreement is similar to the civil service agreement. The publication also analyzes the state registration procedure for a newborn baby that was born using the method of surrogacy. The peculiarity of the procedure for registering a newborn baby conceived in this way is the presence of a certificate and statement. The certificate proves the genetic link of the baby with the couple. The statement is given by the surrogate mother to recognize the spouse as the child’s parents. Much attention is paid to the experience of regulating surrogacy in the United States. The country does not have a single codified law on artificial insemination by surrogacy. Each state decides in what manner, in what order, and under what conditions it is possible to resort to this type of assisted reproductive technology. The conclusions provide suggestions for resolving problems that may arise while using the method of surrogacy. Also the possibility of improving current legislation on the legal regulation of this procedure by borrowing from foreign experience. Keywords: surrogacy, legal regulation, surrogate mother, assisted reproductive technologies, married couple, contract.

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ÁRNASON, VILHJÁLMUR. "Bioethics in Iceland." Cambridge Quarterly of Healthcare Ethics 25, no. 3 (June 27, 2016): 421–34. http://dx.doi.org/10.1017/s0963180116000074.

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Abstract:This article examines ethical issues debated in Iceland concerning population genetic research, specifically methods of collecting biosamples and ways to return clinically relevant results to participants. Also discussed are scientific research in the health sector, a bill on surrogacy, and a policy on consent for organ donation.

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Alihodžić, Jasmina, and Anita Duraković. "International Surrogacy Arrangements - Perspectives on International Regulation." Medicine, Law & Society 13, no. 1 (April 24, 2020): 1–20. http://dx.doi.org/10.18690/mls.13.1.1-20.2020.

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Parry, Bronwyn, and Rakhi Ghoshal. "Regulation of surrogacy in India: whenceforth now?" BMJ Global Health 3, no. 5 (October 2018): e000986. http://dx.doi.org/10.1136/bmjgh-2018-000986.

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Bracken, Lydia. "The Assisted Reproduction Bill 2017: an analysis of proposals to regulate surrogacy in Ireland." Northern Ireland Legal Quarterly 68, no. 4 (December 21, 2017): 577–85. http://dx.doi.org/10.53386/nilq.v68i4.65.

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Abrams, Paula. "The Bad Mother: Stigma, Abortion and Surrogacy." Journal of Law, Medicine & Ethics 43, no. 2 (2015): 179–91. http://dx.doi.org/10.1111/jlme.12231.

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Surrogacy and abortion represent two facets of procreative liberty, the right to reproduce and the right to avoid reproducing. Research on stigma associated with abortion and surrogacy illuminates how these very different experiences carry similar stigmatic harm. Why do certain decisions about reproduction engender social support, other decisions social disapproval? Restrictions on surrogacy and abortion derive from a common legal paradigm — state regulation on the pregnant body — that is rooted in traditional gender roles. Not all laws restricting abortion and surrogacy evince gender stereotyping. Abortion and surrogacy pose complex moral and social dilemmas. But research of stigma associated with abortion and surrogacy suggests that gender stereotypes play a role in the creation of stigma.

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Svitnev, K. N. "196 SURROGACY AND ITS LEGAL REGULATION IN RUSSIA." Reproductive BioMedicine Online 20 (October 2010): S90. http://dx.doi.org/10.1016/s1472-6483(10)62614-4.

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颉, 永智. "Legal Regulation of Parent-Child Relationship in Surrogacy." Dispute Settlement 07, no. 01 (2021): 16–26. http://dx.doi.org/10.12677/ds.2021.71003.

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Arathi, P. M. "Silent Voices: A Critical Analysis of Surrogacy’s Legal Journey in India." Social Change 49, no. 2 (June 2019): 344–52. http://dx.doi.org/10.1177/0049085719844097.

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After two decades of debates, the law governing surrogacy in India was passed during the winter session of the Parliament, and Surrogacy (Regulation) Act 2018 came into existence. This new law prohibits commercial surrogacy on grounds of preventing exploitation of surrogate women and to protect the rights of children born out of surrogacy. The Act allows only ‘ethical altruistic’ surrogacy. This commentary criticises the false premise of the legislative understanding of identifying patriarchal family structure as exploitation free and argues that the complete ban of commercial surrogacy is not the answer to the exploitation of women who act as surrogates in the current Indian political economy. The author identifies the process of new surrogacy law as a Hindutva morality phase where the inherent violence and exploitation within the patriarchal family system is hidden by the state acting as a benevolent lord.

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Novytska, M. M., and A. V. Kozhushko. "Gaps in the legal regulation of surrogacy in Ukraine and analysis of the experience of foreign countries." Legal horizons, no. 22 (2020): 76–81. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p76.

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The article is devoted to the study of the legislation of Ukraine regulating the procedure of surrogacy and the main legal gaps in this area. In addition, a legal analysis and comparison of the legislation in the field of surrogacy in such foreign countries as Belarus, Kazakhstan, the Czech Republic, Israel, Sweden, the Netherlands, Nigeria, Finland, some US states. The main legal cases arising in Ukraine during and after the use of the surrogacy procedure, their causes and consequences are highlighted. The case law of national courts is given and analyzed. In particular, the procedure for legal regulation of the mechanism of registration and registration of a child born as a result of surrogacy needs to be improved in order to avoid the possibility of a surrogate mother entering information about herself as a child’s mother in the state register of civil status and further challenging maternity in court. A comparative analysis of the experience of foreign legal regulation of the institution of surrogacy and focused on their pros and cons. The basic provisions and principles which can be borrowed from experience of realization by foreign countries of procedure of surrogacy are offered. When creating regulations, a number of guarantee norms should be taken into account, which will be the basis for avoiding potential conflicts and negative situations. In particular, they include: the refusal of a surrogate mother to give the child to biological parents; the refusal of the biological parents to pick up the newborn child; cases of birth of two or more children; birth of a dead / sick child; the desire of the surrogate mother to terminate the pregnancy, the refusal of the genetic parents to perform their duties in terms of paying for the services of the surrogate mother. The conclusion about the necessity of the Ukrainian legislation in legal regulation and rationing of surrogacy by creation of the uniform profile regulatory act is carried out.

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Igareda González, Noelia. "Regulating surrogacy in Europe: Common problems, diverse national laws." European Journal of Women's Studies 26, no. 4 (March 2, 2019): 435–46. http://dx.doi.org/10.1177/1350506819835242.

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Despite the diverse legal approaches towards surrogacy in Europe, there are common socio-legal arguments attempting to legitimise it amongst the European Union member states. Regardless of the prevailing regulation in each country, surrogacy in general is confronted with common criticisms and faces similar obstacles. For instance, the operative definition of altruism is put under question in countries where altruistic surrogacy is permitted. Surrogacy is also considered an attack on a woman’s dignity and a risk to children’s welfare. Behind such claims, however, rests the common yet unsubstantiated belief in a natural maternal instinct. Furthermore, a clear misunderstanding about the bonding theory still persists. Common debates around surrogacy in Europe show us that, beyond the national margin of appreciation, surrogacy challenges basic definitions of motherhood, filiation and family. These challenges are deeply permeated by gender stereotypes which partially explain the national similarities among the legal diversities.

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Samuels, Alec. "Surrogacy and the law: Possible reforms." Medico-Legal Journal 88, no. 3 (May 21, 2020): 144–47. http://dx.doi.org/10.1177/0025817220923688.

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A consideration of the concept, law and practice of surrogacy, and the merits and demerits of the concept. A discussion of payments, foreign surrogacies, delay in finality, and the need for control and regulation.

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43

Zervogianni, Eleni. "Lessons Drawn from the Regulation of Surrogacy in Greece, Cyprus, and Portugal, or a Plea for the Regulation of Commercial Gestational Surrogacy." International Journal of Law, Policy and the Family 33, no. 2 (May 5, 2019): 160–80. http://dx.doi.org/10.1093/lawfam/ebz003.

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Maydanyk, Roman A., and Kateryna V. Moskalenko. "TOWARDS CREATION OF UNIFIED REGULATION ON SURROGACY IN EUROPE: RECENT TRENDS AND FUTURE PERSPECTIVES." Wiadomości Lekarskie 73, no. 12 (2020): 2865–70. http://dx.doi.org/10.36740/wlek202012227.

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The aim of this paper is to study the existing international legal framework, regulating international surrogacy agreements and to analyse the possibility of adoption of respective unified European legal instrument. Materials and methods: The article is based on international legal acts, jurisprudence of the European Court of Human Rights, reports and scientific articles. The research is grounded on dialectical, formal logical methods, methods of synthesis and analysis, comparative legal method and the method of modelling. Conclusions: The authors came to conclusion about the necessity of introducing of unified legal instrument dealing with international surrogacy cases. The article illustrates that the work towards harmonization of surrogacy in Europe started at the beginning of 21st century and the experts group of the Hague Conference on Private International Law is currently working on drafting a respective protocol. The authors provide a list of questions that were not noticed by the mentioned experts but should be included in the protocol.

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Yevtieieva, Daryna P., Andrii V. Lapkin, and Vladyslav V. Karelin. "EAST SLAVIC SURROGATE MOTHERHOOD: STATE OF LEGAL REGULATION AND RISK OF HUMAN RIGHTS VIOLATION." Wiadomości Lekarskie 73, no. 12 (2020): 2882–89. http://dx.doi.org/10.36740/wlek202012230.

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The aim: The aim of the study is to determine the state of legal regulation of surrogacy in Ukraine, Russian Federation and Belarus, to identify risks of human rights violations, to identify legal and medical mechanisms to combat the exploitation of women, and to outline a portrait of a surrogate mother. Materials and methods: The empirical basis is the legislation of Ukraine, Russian Federation and Belarus, which regulates the service of surrogacy, information from the websites of agencies and clinics in this area, as well as personal stories of 41 surrogate mothers, set out in open sources. The following methods were used: dialectical, comparative, statistical, induction and deduction, questionnaire, analysis and synthesis, content analysis. Conclusions: The results of the study clarify both the common features of the legal regulation of surrogacy in the East Slavic countries, and the specifics of each of them; the main problems in the field of its application are outlined; the risks of violation of the rights of genetic parents, children and surrogate mothers are characterized. Legal and medical mechanisms for counteracting the exploitation of surrogate mothers have been identified.

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Grubb, M. D. "Consumer Inattention and Bill-Shock Regulation." Review of Economic Studies 82, no. 1 (July 2, 2014): 219–57. http://dx.doi.org/10.1093/restud/rdu024.

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Franco, D. Thomas. "Micro Finance Bill: Regulation or Strangulation?" Contemporary Perspectives 1, no. 2 (December 2007): 160–65. http://dx.doi.org/10.1177/223080750700100209.

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Akhmedova, A. O. "PECULIARITIES OF LEGAL REGULATION OF SURROGACY IN UKRAINE AND ABROAD." Comparative-analytical law, no. 1 (2020): 143–46. http://dx.doi.org/10.32782/2524-0390/2020.1.31.

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A/p Jayabalan, Sheela, Daleleer Kaur Randawar, and Normawati Hashim. "Surrogacy: A Commodification That Needs Legislative Attention." Environment-Behaviour Proceedings Journal 5, SI3 (December 28, 2020): 297–302. http://dx.doi.org/10.21834/ebpj.v5isi3.2569.

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Fatwa prohibits surrogacy agreements for the Muslims in Malaysia. The legal stand for non-Muslims is left in silence, whereas surrogacy raises issues concerning women and children that necessitate legal attention. Regulative measures are imminent to regulate issues arising in a surrogate arrangement. Malaysia has yet to report of any surrogacy cases. Thus, this article analyses decided cases from other countries that have gained international attention to synthesize issues arising in surrogacy arrangements. Based on the case study analysis, this article discourses areas that regulation should encroach specifically to safeguard the welfare and safety of women and children. Keywords: Surrogacy, Conundrum, Welfare, Fatwa. eISSN: 2398-4287© 2020. The Authors. Published for AMER ABRA cE-Bsby e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v5iSI3.2569

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Hodson, Nathan, Lynne Townley, and Brian D. Earp. "Removing Harmful Options: The Law and Ethics of International Commercial Surrogacy." Medical Law Review 27, no. 4 (2019): 597–622. http://dx.doi.org/10.1093/medlaw/fwz025.

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Abstract Focusing on the UK as a case study, this article argues that having the choice to enter into an international commercial surrogacy arrangement can be harmful, but that neither legalisation nor punitive restriction offers an adequate way to reduce this risk. Whether or not having certain options can harm individuals is central to current debates about the sale of organs. We assess and apply the arguments from that debate to international commercial surrogacy, showing that simply having the option to enter into a commercial surrogacy arrangement can harm potential vendors individually and collectively, particularly given its sexed dimension. We reject the argument that legalizing commercial surrogacy in the UK could reduce international exploitation. We also find that a punitive approach towards intended parents utilizing commercial rather than altruistic services is inappropriate. Drawing on challenges in the regulation of forced marriage and female genital cutting, we propose that international collaboration towards control of commercial surrogacy is a better strategy for preserving the delicate balancing of surrogate mothers’ protection and children’s welfare in UK law.

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Journal articles on the topic 'The Surrogacy (Regulation) Bill'

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