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Quem sai aos seus não degenera? a (des)ordem da gestação de substituiçãoViana, Kelly Ribeiro de Freitas January 2017 (has links)
Trata-se de uma pesquisa qualitativa com base nos Estudos Culturais, em sua vertente pós-estruturalista. O objetivo foi analisar publicações de jornais, livros, sites e revistas que veicularam reportagens sobre Gestação de Substituição, para conhecer os discursos que circularam na mídia sobre a temática. Gestação de Substituição está dentre as técnicas que compõem o conjunto da reprodução assistida que combina a fertilização in vitro com a implantação do embrião (com o material genético de outrem) no útero da mãe substituta. Para tanto, foram analisadas reportagens cujo tema central eram histórias de sujeitos que participaram do processo de Gestação de Substituição. A análise desse corpus foi fundamentada nas ferramentas propostas por Michel Foucault, especialmente de discurso, enunciado e arquivo. Assumindo a mídia como artefato cultural que nos subjetiva e instiga determinados modos de vida, pretendi realizar uma das possíveis leituras dessas reportagens. Da análise emergiram três marcadores: nos Contos de fadas: uma estratégia discursiva midiática, observei que as histórias são contadas respeitando determinados enredos das tradicionais histórias infantis, posicionando os sujeitos participantes da Gestação de Substituição como heróis. Em Mães substitutas: sujeitos forjados pelos discursos midiático, biomédico e moral, as análises apontaram que os pais biológicos admiram tais mulheres por gestar o filho de outrem. No marcador, A família feliz: uma instituição social reorganizada discursivamente, destacou que as mães biológicas podem vivenciar a gestação, uma gravidez possível e o amor materno. Portanto, minha proposta foi (re)pensar e fazer outras e novas perguntas sobre o tema e suscitar reflexões que possam contribuir para a assistência em saúde dos sujeitos envolvidos no processo de Gestação de Substituição. E, neste sentido, procurar fornecer subsídios para que a Enfermagem (re)pense suas práticas para atender as demandas dessas novas famílias. / This is a qualitative research based on Cultural Studies, in its poststructuralist dimension. The objective was to analyze publications of newspapers, books, websites and magazines that have provided reports on Surrogacy to know the speeches that have circulated in the media about the theme. Surrogacy is among the techniques that make up assisted reproduction that combines in vitro fertilization with the implantation of the embryo (with the genetic material of another) in the uterus of the surrogate mother. For that we have analyzed reports whose central theme were stories of subjects who participated in the process of Surrogacy. The analysis of this corpus was based on the tools proposed by Michel Foucault, especially discourse, statement and archive. Assuming the media as a cultural artifact that subjective and instigates certain ways of life, I intended to carry out one of the possible readings of these reports. From the analysis emerged three markers: In Fairy Tales: a media discursive strategy I observed that the stories are told respecting certain scenarios of the traditional children's stories, positioning the subjects participating in the Surrogacy as heroes. In Surrogate mothers: subjects forged by the media, biomedic and moral discourses, the analyses pointed out those biological parents admire such women for gestating the child of another. In the bookmark, The Happy Family: a social institution discursively reorganized, emphasized that biological mothers can experience gestation, a possible pregnancy and maternal love. Therefore, my proposal was to (re)think and make other and new questions on this topic and to raise reflections that could contribute to the health care of the subjects involved in the Surrogacy process. And, in this sense, seek to provide subsidies for Nursing to (re)think their practices to meet the demands of these new families.
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Surrogate motherhood: legal issuesPretorius, Diederika, 1951- 06 1900 (has links)
Surrogate motherhood is one of the most controversial issues
of our time. The increase in infertility and the shortage of
babies available for adoption, have provided an incentive
for research in assisted reproductive techniques. Rapid
advances in this field have caught the legal system
unprepared in many ways.
The object of this thesis is to investigate the legal
aspects of surrogate motherhood. A background is provided
by an in depth examination and analysis of the practice of
surrogacy in foreign jurisdictions. For this purpose a
selection of interdisciplinary, medical and juridical
reports, court decisions and legislation is analysed.
The surrogacy agreement is affected by principles of both
public and private law. As the agreement is based on
consensus between the parties, Roman Law principles of the
law of obligations, provided a valuable point of departure
in establishing a theoretical basis for the classification
of surrogacy agreements. Having determined the nature of the
agreement, the content is analysed with due regard to
statutory and other relevant considerations, such as the
boni mores, and submissions made regarding the
enforceability and legality of such agreements.
A surrogate mother agreement model is proposed and analysed
in the light of existing South African law. The various ways
in which surrogacy contracts may be breached are examined
and recommendations put forward regarding possible delictual
or contractual remedies.
The legal relationship between the surrogate child and its
gestational (birth) mother and her husband on the one hand
and the intended parents on the other is investigated.
The role of the courts in custody issues - related to
surrogacy - is examined and recommendations put forward as
to how they may be included in the process by determining
the best interest of the surrogate child prior to artificial
insemination.
The civil and criminal liability of medical practitioners
involved in assisted reproductive technology and
specifically surrogacy are expounded. Key issues in the
practice of surrogate motherhood are interpreted in the
light of existing statutory and common law principles.
Recommendations are put forward on these issues and a bill
proposed for the regulation of surrogate motherhood in South
Africa. / Private Law / LLD
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D'une matrice à l'autre: dialogique de la filiation et de la parentalité dans la gestation pour autruiCailleau, Françoise 23 September 2011 (has links)
La présente recherche porte sur les processus de filiation et de parentalité chez les couples demandeurs d'une aide médicale à la procréation nécessitant le recours à une mère porteuse.Pour aborder la spécificité et la complexité de ces situations, nous avons élaboré un modèle théorique paradigmatique qui propose un rapport dialogique entre les concepts de filiation et de parentalité. Cette modélisation se présente sous forme matricielle. Elle permet de connecter des savoirs issus de diverses disciplines et ouvre sur la possibilité de repenser nos schémas conceptuels de la filiation et la parentalité à l'ère des modifications des conditions de la reproduction, de la gestation et de la naissance. / Doctorat en Sciences Psychologiques et de l'éducation / info:eu-repo/semantics/nonPublished
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The enforceability of international surrogacy in South Africa : how would a South African court proceed in determining an international surrogacy case?Filander, Tanian January 2016 (has links)
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.
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The feasibility of compensated surrogacy in South Africa: a comparative legal studyMaré, Louis 07 April 2017 (has links)
The following is a study and comparison of the various types of surrogacy currently
being implemented locally and internationally and the laws surrounding it. I discuss the
current South African legal framework on surrogacy and summarise the relevant
legislative provisions whilst also further discussing the provisions prohibiting commercial
surrogacy and the reasons behind them. Thereafter an investigation follows into other
counties in respect of their individual laws regulating surrogacy and more specifically,
commercial surrogacy. I discuss how these countries attempted to regulate commercial
surrogacy and which regulations were a success and which weren‘t. The various
international laws and regulations surrounding surrogacy as well as commercial
surrogacy is then compared and discussed in a South African context. A discussion on
the intertwined constitutional rights of the surrogate mother, commissioning parents and
child follows and in conclusion I offer some recommendations on how to go about
legalising commercial surrogacy safely and successfully implementing it free from
exploitation. / Private Law / LL.M. (Specialisation in Private Law)
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