Tidigare feministiska studier om kommersiellt surrogatmödraskap har huvudsakligen fokuserat på hur surrogatindustrin fungerar inom ett land. Med en utgångspunkt i en feminist-marxistisk begreppsapparat, syftar följande kandidatuppsats att synliggöra hur dagens sydostasiatiska surrogatmarknad verkar gränsöverskridande och informellt. Utifrån en kvalitativ fallstudie på Kambodja kan vi inneha en förståelse till hur globalisering möjliggjort surrogatföretagens gränsöverskridande expansion, men även vilka ytterligare osäkerhetsfaktorer som drabbar surrogaterna när de flyttas över gränser. Studiens resultat argumenterar för att det är både materiella och idémässiga skiften som legitimerar att kvinnors biologiska material blivit en del av ett bioekonomiskt, profitskapande projekt. Genom att undersökningen erhåller ny empiri bidrar studien till att etablera en riktning för framtida forskning inom det IPE-feministiska paradigmet. Samtidigt övertygar studiens resultatet om att det feminist-marxistiskt perspektivet är relevant inom fältet Internationella Relationer. / Previous feminist studies on commercial surrogacy have mainly focused on how the surrogate industry operates within a country. With a starting point from a feminist-marxist conceptual framework, the following bachelor thesis aims to highlight how the current southeast asian surrogacy market operates cross-border and informal. Based on a qualitative case study in Cambodia, we can understand how globalization enabled the cross-border expansion of the surrogate companies, but also which additional factors of insecurity that will affect the surrogates when they are moved across borders. The results of the study argue that it’s both material and ideational shifts that legitimize that women’s biological material became part of a bioeconomic profitable project. By gaining new empirical knowledge, the study contributes to establishing a direction for future research within the IPE-feminist paradigm. At the same time, the result of the study convinces that a feminist-marxist perspective is relevant within the field of International Relations.

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Surrogacy is an arrangement whereby a woman conceives in order to give birth to child or children for another individual or couple to raise. This thesis explores how commercial gestational surrogacy is culturally framed and socially organised in Russia and investigates the roles of the key actors. In particular it explores the experiences of surrogacy workers, including those who migrate or commute long distances within and to Russia for surrogacy work and the significance of their origin, citizenship, ethnicity and religion in shaping their experience. Ethnographic fieldwork was carried out in St Petersburg between August 2014 and May 2015 and involved semi-structured interviews, (participant) observations, informal conversations and ethnographic fieldnotes with 33 surrogacy workers, 7 client parents, 15 agency staff and 11 medical staff in medical and surrogacy agency facilities. Data were analysed using inductive ethnographic principles. A reflexive account, which includes a consideration of the utility of making one’s own emotional responses a research tool, is also included. Drawing on and expanding on Colen’s (1995) conceptual framework of stratified reproduction and Crenshaw’s (1989) analytical framework of intersectionality, this research shows that surrogacy in Russia is culturally framed and therefore socially organised as an economic exchange, which gives rise to and reinforces different forms of intersecting reproductive stratifications. These stratifications include biological, social, geographic, geo-political and ethnic dimensions. Of particular novelty is the extension of Colen’s framework to address geographic and geo political stratifications. This was based on the finding that some women (temporarily) migrate or commute (over long distances) to work as gestational carriers. The thesis also demonstrates how an economic framing of surrogacy induced surrogacy workers to understand surrogacy gestation as work, which influenced their relationships with client parents. Given the rapid global increase in the use of surrogacy and its increasingly internationalised nature, this research into the social organisation of commercial gestational surrogacy in Russia is timely and has implications for users, medical practitioners and regulators, as well as researchers concerned with (cross-border) surrogacy and reproductive justice.

Surrogacy arrangements have become an increasingly popular way for childless people to build a family. Yet many jurisdictions do not regulate surrogacy. Even in the ab-sence of surrogacy regulation, if a jurisdiction has no specific legal rules that clarify parenthood following surrogacy, the result is often uncertainty in relation to the legal parental status of the surrogate mother, her spouse or cohabitant, any possible donors, and the commissioning parents. This, in turn, leaves the surrogate-born child’s family law status uncertain.   This thesis examines the legal aspects of parenthood and how it is, or could be, determined in Sweden following surrogacy arrangements. Important aims are to estab-lish whether the current national laws regulating family law can sufficiently protect the interests of the surrogate-born child and the parties to surrogacy arrangements, with an emphasis on interests connected to family law status; to examine the ways in which other jurisdictions (England and Wales, and Israel) have responded to similar issues; and to identify problems and propose alternative solutions in relation to the specific issue of establishing legal parenthood following surrogacy at a domestic level, either with or without State regulation of surrogacy agreements.   Consideration is given to whether it might be appropriate to re-evaluate or qualify the existing presumptions of parenthood, in particular the unwritten presumption of maternity. Several alternatives for the transfer of legal parenthood from the surrogate mother, and her spouse or cohabitant as the case may be, to the commissioning parent or parents are also examined. In addition, the ethical implications of surrogacy ar-rangements are explored in order to provide an insight into the way in which subcon-scious or hidden values might make it difficult for a State to regulate certain areas of private life such as parenthood.   The starting point for the thesis is that it is in the best interests of the child to have parents at birth and that this interest must be prioritised over an intended parent’s interest in becoming a parent. This view is based on and is consistent with existing Swedish law and policy.

In this research, I carefully and coherently examine Chapter 19 of the Children's Act 38 of 2005 as the first legislation to afford surrogate motherhood agreements legal recognition in South Africa. I argue that the application of Chapter 19 imposes a number of unwarranted limitations on several of the constitutional rights of the parties to a surrogacy agreement. In addition, I propose that Chapter 19 is not in accordance with the principal of the best interests of the child. I examine the history of surrogate motherhood in South Africa and establish that, prior to the enactment of Chapter 19, no legislation expressly afforded surrogate motherhood agreements legal recognition. Hence, prior to the enactment of Chapter 19, parties who entered surrogacy agreements could, first, not rely on the agreement to enforce contractual obligations, and secondly, the legal positions of the parties to the agreement were uncertain. Thirdly, a child born of a surrogacy agreement was seen as the child of the surrogate mother and not of the commissioning parents.

In this research, I carefully and coherently examine Chapter 19 of the Children's Act 38 of 2005 as the first legislation to afford surrogate motherhood agreements legal recognition in South Africa. I argue that the application of Chapter 19 imposes a number of unwarranted limitations on several of the constitutional rights of the parties to a surrogacy agreement. In addition, I propose that Chapter 19 is not in accordance with the principal of the best interests of the child. I examine the history of surrogate motherhood in South Africa and establish that, prior to the enactment of Chapter 19, no legislation expressly afforded surrogate motherhood agreements legal recognition. Hence, prior to the enactment of Chapter 19, parties who entered surrogacy agreements could, first, not rely on the agreement to enforce contractual obligations, and secondly, the legal positions of the parties to the agreement were uncertain. Thirdly, a child born of a surrogacy agreement was seen as the child of the surrogate mother and not of the commissioning parents.

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Magister Legum - LLM / In this research, I carefully and coherently examine Chapter 19 of the Children's Act 38 of 2005 as the first legislation to afford surrogate motherhood agreements legal recognition in South Africa. I argue that the application of Chapter 19 imposes a number of unwarranted limitations on several of the constitutional rights of the parties to a surrogacy agreement. In addition, I propose that Chapter 19 is not in accordance with the principal of the best interests of the child. I examine the history of surrogate motherhood in South Africa and establish that, prior to the enactment of Chapter 19, no legislation expressly afforded surrogate motherhood agreements legal recognition. Hence, prior to the enactment of Chapter 19, parties who entered surrogacy agreements could, first, not rely on the agreement to enforce contractual obligations, and secondly, the legal positions of the parties to the agreement were uncertain. Thirdly, a child born of a surrogacy agreement was seen as the child of the surrogate mother and not of the commissioning parents. / South Africa

Magister Legum - LLM

No description available.