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.

Includes bibliographical references.

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.

Thesis (Ph.D.(Practical Theology))--University of Pretoria, 2008. / Includes bibliographical references (leaves 306-337)

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

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...

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...

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.

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.

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.