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)

xi, 205 p. / As an increasing number of differentially situated women implicated within the global economy continue to come into contact with each other, a host of opportunities and challenges are inaugurated for feminist praxes across borders and differences. The cycles of dependencies accentuated by globalization come hand-in-hand with concerns about unequal distribution, unequal access to resources, and the rise of fundamentalist ideologies. All these together remind us of the urgency of collaboration and cooperation across differences. At the same time, the presence of differences and inequalities threaten to undermine the spirit for collaboration at any given moment. We, therefore, need analytical frameworks that are able to do justice to our identities and agency within interactive spaces. We also need better evaluative frameworks for theorizing ethical responsibility and political concerns about justice within a transnational space that take these realities into account. I argue for the possibility of a new "critical multicultural transnational feminism" and develop a theoretical framework to anchor this vision in my dissertation. The "critical" component emphasizes the vision for a feminism that is, at once, a self-reflective praxis. The juxtaposition of "multicultural" and "transnational" seeks to emphasize the need for recognizing both the limitations and the importance of borders on our lives. To do this, I articulate an alternative logic of "borders" so as to develop an interactive ontology for thinking about transnationalism and transnational identity. I then take up the project of envisioning the ethical-political project of "solidarity" in the light of this ontology. The philosophical framework that I develop is inspired by the philosophical pragmatism of Mary Parker Follett and Josiah Royce, the existential phenomenology of Simone de Beauvoir, and the work of various postcolonial feminists such as bell hooks, Chandra Mohanty, and Ofelia Schutte. This framework is a feminist pragmatic phenomenology for postcolonial feminist ethics and politics, which can serve as a normative paradigm and a framework of analysis. Finally, I use the framework developed in the dissertation to analyze and evaluate aspects of the international industry in surrogacy-related fertility tourism--a paradigmatic instance of incommensurability and inequality among women within the global economy. / Committee in charge: Bonnie Mann, Co-Chair; Scott L. Pratt, Co-Chair; Mark Johnson, Member; Judith Raiskin, Outside Member

No description available.

The work focuses on the issues of the market solving the human organ shortage. The market solution faces the same criticism as the commercial surrogacy. The main purpose of the work is to evaluate the commercial surrogacy system efficiency. Within the solution of this question, the work focuses first on the analysis of the arguments against a market in human organs and consequently theise objections applies to the surrogate motherhood with emphasis on the problem of adverse selection, which from an economic point of view appears to be the most serious. In the applied part the paper tests the existence of the signs of the adverse selection in the countries where payment for the surrogacy is legal. The paper leads to the conclusions, despite some specifics of the market, this solution is efficient and the market itself creates sufficient mechanisms to prevent adverse selection

No description available.

The thesis is a comprehensive elaboration of the issue of surrogacy with an international element, ie cases where the surrogate mother falls under a different jurisdiction as the intended parents or cases where surrogacy takes place in a country other than the home country of the intended parents. The introductory part deals with the principles on which the Czech legal system is based and the situation in which surrogacy is thus established. The legal regulation is discussed, including the evaluation of the principle that the mother is always certain and the only § 804 of the Civil Code, which mentions surrogacy. The principle by which the acquisition of legal parenthood to a child born through surrogacy is acquired is described. Attention is paid to problematic situations to which surrogacy can lead, especially the issue of enforceability of a surrogate contract, determination and denial of motherhood, criminal aspects, assisted reproduction and the child's right to know his or her origin. The next part describes the situation abroad, where the legislation differs from the legalization of surrogacy (including commercial surrogacy or surrogacy for gay couples) to an explicit ban, where surrogacy can fulfill the characteristics of a crime. The thesis also presents an explanation of the issue of...

Fastställande av moderskap är i svensk rätt oreglerat med hänvisning till den latinska mater-est-regeln vilken menar att den som föder barnet är barnets moder. Utvecklingen av reproduktionsteknologi har möjliggjort metoder som utmanar denna princip, däribland surrogatarrangemang. Denna studie syftar till att undersöka på vilket sätt surrogatarrangemang och dess mest centrala parter konstrueras i Statens offentliga utredningar. Genom en kvalitativ innehållsanalys har tre av Statens offentliga utredningar granskats för att, med ett socialkonstruktionistisk teoretiskt perspektiv, undersöka hur surrogatarrangemang, surrogatmodern, barnet samt de tilltänkta föräldrarna konstruerats. Begreppen kategorisering och diskurs har använts som analytiska hjälpmedel. Resultaten påvisar tre diskursiva mönster i Statens offentliga utredningar; den ekonomiska diskursen, diskursiva mönster kring normer och värderingar samt sårbarhetsdiskursen. I den ekonomiska diskursen konstrueras surrogatarrangemanget som ett handelsavtal och dess parter som producent, handelsvara och konsument. I diskursiva mönster kring normer och värderingar konstrueras bland annat de tilltänkta föräldrarna som oansvariga och surrogatmodern som en oförmögen beslutsfattare. I sårbarhetsdiskursen konstrueras surrogatarrangemanget och samtliga parter som sårbara. Den avslutande diskussionen lyfter bland annat hur denna studie bidragit med ny kunskap om konstruktioner av surrogatarrangemang i svensk statlig kontext. Vidare lyfter den avslutande diskussionen att lagstiftaren står inför dilemmat att dels motverka surrogatarrangemang, dels beakta barnets bästa i de fall där barn kommit till världen via ett sådant arrangemang.

Magister Legum - LLM / Surrogacy 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.

The aim of this thesis is to study discourse in media by parents of children thatwere born through transnational commercial surrogacy arrangements, andintended parents who plan on going through this process in the future. I haveanalyzed media where this parental narrative is portrayed, using criticaldiscourse analysis combined with Carole Bacchis policy analysis WPRapproach.With the help of these I have identified primary issues that are beingportrayed in the media. I have further analyzed how these issues contribute inconsolidating existing norms surrounding the third world woman andcontribute to the justification of the commodification of the surrogate mother.This is done within a postcolonial feminist framework. The findings of thisstudy shows the glaring invisibility of the surrogate in media discourse,meaning her voice is never heard directly. Instead, interviewers and parentsalike offer a retelling of her narrative.

The purpose of this essay is to examine how same-sex couples experience the second-parent adoption process. To assist us, we have used our questions: how do the couples describe their experiences of the adoption process? Which are the couples’ stories about the experience of contact with the involved professionals? What are the opportunities and barriers for same-sex couples to start a family? How do the couples describe their experience of reactions from the community and society, and how do they think the future will look like for same-sex couples? This study has been achieved through a qualitative approach. The empirical data is based on seven semi-structured interviews with same-sex couples or pair members that want to or have had a second-parent adoption. The theory we have used for analyzing the results is phenomenology with focus on queer theory, heteronormativity, and power. We conclude that the couples’ experiences of the second-parent adoption process is that it is a long, time-consuming, and emotionally consuming process. They question why they have to go through with an adoption process. The couples think of it only as a legal security to their child. They have experienced varying treatment in the contact with professionals. The course of action has been different for all our seven couples: home insemination in Sweden, insemination at clinic in Denmark, and surrogacy in India. One clear result is that it is more difficult for gay men to start a family than for lesbians. The couples have mostly received positive responses and a lot of support from their surroundings. Despite that, they are worried about the negative view of homosexuality that is increasing in the world.