This research paper aims to analyze France and the UK’s policies on surrogacy from a marxist and gender perspective. It will also look at the EU’s normative role as surrogacy is a practice that can be perceived as contradictory to the EU’s values as there are a number of issues that arise due to cross-border surrogacy arrangements. There are four main issues when it comes to surrogacy practices: the exploitation of women, the commodification of women, the commodification of children, and an indirect issue which is the definition of legal parentage which determines the citizenship of the child which is essential when it comes to cross-border surrogacy arrangements. This paper concludes that the lack of common regulation is problematic. As there is no consensus, cross-border surrogacy arrangements are on the rise which exacerbates the exploitation of surrogate women from developing countries. This, in turn, deepens the divide between developed and developing countries. Lastly the lack of consensus on legal parentage leads to citizenship issues which put individuals at the risk of being stateless.

Infertility politics implies a role for the state in regulating the relationships between different parties involved in the medicalized process of reproduction, namely would-be-parents (infertile couples or individuals), gamete donors, surrogate mothers, fertility specialists, etc. Policies adopted by the Canadian federal government in 2004 as regards assisted reproductive technologies (ARTs) were largely inspired by British regulations. Despite this similar start, Canadian policies never lead to implementation; the province of Quebec rapidly contested the federal Assisted Human Reproduction Act before the courts; and many issues of assisted conception were regulated in a heterogeneous manner by the provinces. Meanwhile in Britain, the implementation of the policies created many disparities among the regions of the country; the principle of the law was thoroughly contested and scrutinized; and the sites of deliberation were multiple in spite of the existence of a national regulatory agency. First, the author argues that assisted reproduction technologies cannot be taken as one policy domain, but is an umbrella label for a variety of policy issues. In that context, ARTs are unpacked in order to study, at the system level, the practices related to the overcoming of infertility. I focus on three sub-issues: access to fertility treatments, including the question of public funding and access criteria; gamete and embryo donation, including the question of filiation and donor conceived children’s right to know their biological origins; and surrogacy or the enforcement of pre-natal gestational surrogacy arrangements. Second, by mapping the variety of discourses and arenas mobilized by a range of actors, this study shows how framing and reframing dynamics influence public policies and their implementation. Third, by comparing frame mobilization and discursive dynamics between Quebec, Ontario and England this analysis demonstrates how frame alignment can be a necessary condition for a frame to be performative and influence policy outcomes. Depending on the context in which it occurs, frame transformation, amplification, extension or bridging can induce stability or trigger a cascade of events that will lead to policy change or to a change in the implementation of a policy.

Magister Legum - LLM / In 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.

Infertility politics implies a role for the state in regulating the relationships between different parties involved in the medicalized process of reproduction, namely would-be-parents (infertile couples or individuals), gamete donors, surrogate mothers, fertility specialists, etc. Policies adopted by the Canadian federal government in 2004 as regards assisted reproductive technologies (ARTs) were largely inspired by British regulations. Despite this similar start, Canadian policies never lead to implementation; the province of Quebec rapidly contested the federal Assisted Human Reproduction Act before the courts; and many issues of assisted conception were regulated in a heterogeneous manner by the provinces. Meanwhile in Britain, the implementation of the policies created many disparities among the regions of the country; the principle of the law was thoroughly contested and scrutinized; and the sites of deliberation were multiple in spite of the existence of a national regulatory agency. First, the author argues that assisted reproduction technologies cannot be taken as one policy domain, but is an umbrella label for a variety of policy issues. In that context, ARTs are unpacked in order to study, at the system level, the practices related to the overcoming of infertility. I focus on three sub-issues: access to fertility treatments, including the question of public funding and access criteria; gamete and embryo donation, including the question of filiation and donor conceived children’s right to know their biological origins; and surrogacy or the enforcement of pre-natal gestational surrogacy arrangements. Second, by mapping the variety of discourses and arenas mobilized by a range of actors, this study shows how framing and reframing dynamics influence public policies and their implementation. Third, by comparing frame mobilization and discursive dynamics between Quebec, Ontario and England this analysis demonstrates how frame alignment can be a necessary condition for a frame to be performative and influence policy outcomes. Depending on the context in which it occurs, frame transformation, amplification, extension or bridging can induce stability or trigger a cascade of events that will lead to policy change or to a change in the implementation of a policy.

Surrogatarrangemang väcker många känslor hos individer och det är en pågående debatt huruvida det ska legaliseras eller inte. I ett nytt avgörande från Högsta domstolen, NJA 2019 s. 504, erkänner domstolen ett utländskt avgörande beträffade moderskap inom surrogatarrangemang. Detta är något som än mer startat den pågående debatten. Det intressanta i målet är att domstolen väger principen om barnets bästa mot det etiska motståndet mot surrogatarrangemang som finns i svensk rätt. Trots det etiska motståndet mot surrogatarrangemang erkände domstolen den tilltänka modern som rättslig mor till barnet. Domstolen framförde att principen om barnets bästa och barnets rätt till privat-och familjeliv vägde tyngre än den negativa inställningen till surrogatarrangemang. Dock ansåg inte rätten att domen borde vara vägledande eftersom beslutet grundar sig i omständigheter i det enskilda fallet. Domen har nu väckt frågan huruvida det bör införas en moderskapspresumtion likt faderskapspresumtionen, detta för att uppnå likheter i fastställandet av föräldraskap oavsett kön. Fastställandet av föräldraskap som sker idag är inte jämställt och uppnår inte de krav på likhet mellan könen. Surrogatarrangemang innebär att en kvinna föder ett barn för en annan persons räkning. Det är inte möjligt att åstadkomma surrogatarrangemang inom svensk hälso-sjukvård men det är inte heller uttryckligt förbjudet. I Sverige grundar sig den oskrivna moderskapspresumtionen på att den födande modern är rättslig mor till barnet. Detta blir problematiskt när par väljer surrogatarrangemang för att få barn då det skulle innebära att surrogatmodern blir rättslig mor enligt svensk rätt. Uppsatsen har utgått från tre frågeställningar som sedan besvarats i det sista kapitlet. Sammanfattningsvis kan sägas att området är i behov av utredning och reglering. Det är inte hållbart att i längden lämna frågan gällande erkännande av utländska domar beträffande moderskap inom surrogatarrangemang till rättstillämparen. Att erkänna sådana avgöranden bör anses förenligt med principen om barnets bästa och rätten till privat-och familjeliv. / Surrogacy arrangements are a topic of an ongoing debate that evokes emotions in many individuals. In a new ruling by the Supreme Court, NJA 2019 s. 504, the Court recognizes a foreign ruling regarding maternity in surrogacy arrangements. This is something that has contributed to the ongoing debate. The interesting thing about this case is that the Court weighs the principle of the best interest of the child against the ethnical resistance to surrogacy arrangements that can be found in Swedish law. Despite the ethical opposition to surrogacy arrangements, the Court recognized the intended mother as the legal mother of the child. The Court argued that the principle of the child´s best interests and the child´s right to privacy outweighs the negative attitude toward surrogacy arrangements. However, the Court did not consider that the judgment should be indicative as the decision is based on circumstances in the individual case. The judgment has now raised the question of whether a written presumption of maternity should be introduced like the paternity presumption, in order to achieve equality in the determination of parenthood regardless of gender. The determination of parenthood that occurs today is not equal and does not meet the requirements for gender equality. Surrogate arrangements mean that a woman gives birth to a child on behalf of another person. It is not possible to carry out surrogacy arrangements in the Swedish health care system due to an implied prohibition against such arrangements in the Genetic Integrity Act. Even so, private surrogacy arrangements are not prohibited. In Sweden, the unwritten presumption of motherhood is based on the birth mother being the legal mother of the child. This becomes problematic when choosing surrogacy arrangements to have children, because it means that the surrogate is the legal mother of the child in accordance with Swedish law. This essay is based on three questions at issue that are answered in the last chapter. In summary, it can be said that the area needs investigation and regulation. In the long run, it’s not sustainable to leave the question concerning maternity to the legal practitioner. Recognizing foreign decisions regarding maternity in surrogacy arrangements should be considered with the principle of the best interest of the child and the right to privacy.

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

No description available.

Neither altruistic nor commercial surrogacy is allowed in Sweden but neither is it forbidden for Swedes to travel abroad for surrogacy arrangements. The debate on allowing altruistic surrogacy in Sweden has grown and changed in recent years, from being seen as an unusual method of reproduction to becoming a major family policy issue. In a 2013 report by the Swedish National Council on Medical Ethics aimed at examining the permissibility of altruistic surrogacy, all members of the council agreed that commercial surrogacy is not ethically justifiable. There are several arguments against commercial surrogacy, including the fact that it takes place under exploitative and coercive conditions. Hence, Sweden would never allow commercial surrogacy. However, the majority considered that altruistic surrogacy could be justifiable under certain conditions. The arguments about whether altruistic surrogacy can violate human rights are not as numerous. This thesis has aimed to examine the arguments for and against allowing altruistic surrogacy in Sweden by analysing debate articles and other argumentative newspaper articles. These arguments have then been assessed against four ethical principles, namely respect for human dignity, self-determination, self-ownership and the principle of the best interests of the child, to determine whether or not altruistic surrogacy should be allowed in Sweden. With the help of argumentation analysis, debate articles from several Swedish newspapers regarding altruistic surrogacy have been analysed and the results show that the pro-surrogacy side claims that a ban on altruistic surrogacy risks limiting women's right to self-determination and self-ownership over their own bodies. While the anti-surrogacy side argues that allowing altruistic surrogacy violates our human dignity, which states that we should be treated as ends and not as means. What emerges is that both sides of the altruistic surrogacy debate see the current Swedish legislation that neither prohibits nor allows surrogacy as problematic. Both sides argue that it risks leading to Swedish citizens continuing to travel abroad to use commercial surrogate mothers who are often mistreated and exploited. But here the pro-surrogacy side argues that the solution is to allow altruistic surrogacy to stop Swedes from travelling abroad. While the anti-surrogacy side argues that allowing it would not reduce the number of trips abroad and a total ban on surrogacy is the solution.

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

Determination of Parenthood (Abstract) The determination of parenthood is undoubtedly a very topical issue. There are significant changes which are consequences of modern society approach to the family life as well as of massive progress in the field of medical science and genetics. The development in these areas has brought new concepts such as baby-boxes, assisted reproduction and surrogacy. Now it is up to the legislation to provide rules within the legal framework for these new institutions to steady parental relationships and to secure their protection as well. The aim of this thesis is to familiarize the reader with Czech legal regulation of determination of parenthood by means of its description and analysis. Another aim of the work is to compare this legal regulation with regulation in other countries, in particular in Germany and to find similarities and differences between them. Finally the thesis highlights new institutions within determination of parenthood. This thesis consists of nine chapters which deal with particular parts of its subject-matter. The opening chapter discusses the relationship between a parent and a child both theoretically and historically. Apart from that it also describes legal regulations applicable in the Czech Republic and Germany in the course of time. The second...