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.

Surrogacy is an arrangement in which a woman carries, delivers, and then relinquishes a baby to commissioning parents. The arrangement challenges traditional norms and definitions of reproduction, pregnancy and motherhood, and at the same time raises difficult ethical, philosophical and social questions. There is currently an ongoing debate in Sweden, where all forms of surrogacy is illegal. The debate is polemical and harsh, with advocates arguing that surrogacy is defensible on the basis of individual rights and women's right to choose over their own bodies, and those in opposition are convinced on an intersectional basis that women are being used and exposed on the market of surrogacy.The purpose of this study is to investigate the debate on surrogacy in the Swedish context. Using qualitative text analysis, the study aims to increase understanding about the debate over surrogacy by analyzing texts published in Swedish press during 2010-2013. I have analyzed the advocating arguments as well as the oppositional arguments constructing the ongoing debate of surrogacy with a focus on the transnational relations and the discrepancy between the views on altruistic and commercial forms of surrogacy.The findings indicate that surrogacy is in general seen as either a win-win situation or exploitation and confirms earlier intersectional postcolonial research that centers on surrogacy, which highlights a general tendency to not acknowledge the dimensions and intersections of gender, class, race, and ethnicity. This is crucial especially concerning surrogacy is such a transnational phenomenon, where for example (white) Swedes longing for babies go to India and through an Indian surrogate mother become parents. The study shows that the debate is somewhat a minefield, and while being polemical the debate is also very complex.

This thesis deals with legal and ethical aspects of assisted reproduction. The aim of the thesis is to analyse the current legal regulation of assisted reproduction in the Czech Republic, in comparison with the legal system of selected countries. Further aim is to expose the legal regulation's deficits and suggest possible solutions de lege ferenda, particularly with regard to scientific developments and ethical attitudes of the current society. The thesis is divided into six chapters, including the introduction and conclusion. The introductory chapter outlines the issue of assisted reproduction and denotes individual areas on which the thesis will focus. The first chapter deals with the various methods of assisted reproduction and with the term of infertility from the perspective of medical and historical perspective. The second chapter focuses on the legal regulation of individual areas of assisted reproduction in the Czech Republic. Among others, these areas consist of the constitutional protection of the human embryo, the determination of parenthood, the issue of surrogacy, gamete donation and disposition of embryos. The third chapter deals with a comparison of legal framework in selected states. As a representative of the Anglo-American system was chosen United Kingdom of Great Britain and...

Name of the thesis Surrogate motherhood de lege ferenda Abstract The thesis deals with the issues surrounding surrogate motherhood. With the first chapter outlining the terms connected with the topic and describing the possible ways parents can find a surrogate mother. The second chapter explores the methods of artificial insemination. The third chapter analyses current legal regulation of surrogate motherhood in the Czech Republic. Including the evaluation of mater sempter certa est principle and section § 804 of Civil Code, the only section, which explicitly mentions surrogate motherhood. The chapter further explores surrogacy contracts and the decision number I. US 3226/16 of the Constitutional Court of the Czech Republic, with an analysis of supporting and opposing arguments with regards to the decision. Chapter four looks into the foreign laws surrounding surrogacy. It reviews not only the variety of state regulation, where surrogacy is legal and accepted, such that of the United States, Ukraine and India, but also regulation that prohibits surrogacy, such as Germany. The topic of surrogacy tourism and the legal uncertainty which this causes is also examined. For instance, the citizenship issues that may arise for a newborn child. Chapter five recounts the opinion of the European Court of Human Rights...

Surrogacy is a contemporary and highly controversial social issue. It is closely linked to assisted reproduction, bioethics and the status rights of the individual. It is generally considered an alternative, extreme way to treat infertility, but it raises a number of moral, ethical and legal issues. Solutions are approached by individual states on individual bases, in the context of cultural, historical and religious values and traditions professed by their societies. This work deals with the comparison of individual national views on surrogacy, which are reflected in the legislation. It compares the German, French and Spanish regulations, as a representative sample of restrictive approaches and the British and Ukrainian regulations, which in turn reflect the supportive attitude toward surrogate motherhood. The dynamic development experienced by the legislation on surrogacy in Portugal is highly interesting. The ruling of the Portuguese Constitutional Court provides valuable insight into the current thinking of the democratic rule of law on surrogacy and its adjustment to meet the standard of human rights protection. The work also describes the dangers posed by cross-border surrogacy using relevant case law, especially with regard to the protection of the best interests of the surrogate child. It...

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.

Notre recherche se porte sur l’éthique des techniques de procédures de maternité de substitution. Nos études se basent sur la Théorie Fonctionnelle de l’Intégration et de l’information de N.H Anderson (1981). Pour l’étude menée en France auprès d’un public dit tout-venant : 236 personnes dont 62 hommes et 174 femmes ont émis un jugement de non acceptabilité concernant les procédures de maternité de substitution dans 54 scénarios construits par la combinaison de quatre facteurs : « Origine de l’embryon », «Autonomie de la mère porteuse», « Famille de la mère porteuse » et « Niveau de rémunération ». En ce qui concerne l’étude menée en Inde, c’est 430 étudiants, 275 femmes et 155 hommes, qui ont également émis un jugement de non acceptabilité pour ces mêmes 54 scénarios. Les résultats ont mis en évidence l’émergence de différents groupes de politique de jugement pour les deux études. En France, on distingue 4 clusters différents. Bien que ces clusters diffèrent dans leur jugement, on retrouve un consensus concernant le facteur « Autonomie » pour chaque groupe. Enfin, plus de 50% de notre échantillon se montre non favorable face à de telles procédures. Pour l’étude menée auprès d’étudiant indien, quatre clusters différents ont également été mis en évidence. Près d’un quart de notre échantillon n’a pas souhaité se positionner et plus de 50% des participants se montrent enclin à accepter ce type de procédures en fonction des différentes circonstances qui définissent la situation. Le jugement de non acceptabilité des procédures de maternité de substitution est influencé par les facteurs proposés et on constate l’émergence de différentes positions face à ces questionnements éthiques. / Our research deals with ethical questions about surrogate motherhood. Both of our studies are based on the Integration Information Theory of N.H. Anderson (1981). The first one took place in France with general public: 236 people of whom 62 men and 174 women. They judged the non acceptability of surrogacy on 54 scenarios combining four factors: “Type of surrogacy », « Surrogate mother’s level of autonomy », « Surrogate mother’s family situation » and «Level of Compensation ».The second study took place in India with 430 students, 275 of whom were women and 155 were men. Indian students judged the non acceptability of surrogacy on the same 54 scenarios. Further to the results different groups of judgment politics emerged for both studies. In France, four groups of participants distinguish. Even if these groups put forward different judgements, the factor « Autonomy » obtained general consensus. Finally, 50% of our French sample doesn’t agree with the surrogate motherhood procedure. In the second study, also four groups of participants distinguish. Almost 25% of the sample does not give a judgment about surrogacy and more than 50% agrees with the surrogate motherhood procedure depending on different circumstances defining the situation. The judgment of non acceptability is influenced by the factors presented and the emergence of different positions among the participants is noted.

Title page, contents and abstract only. The complete thesis in print form is available from the University of Adelaide Library. / This thesis identifies and elaborates on the way in which notions of genetic inheritance connect with notions of ’proper’ families and hence shape policies concerning reproduction and family formation. Assumptions about the structure and shape of the ’proper’ or ’traditional’ family - as a heterosexual two-parent unit with biological children - and its claim to naturalness, are embedded in policies related to reproductive technologies and family formation. The thesis explores the discourses surrounding the following specific policies - surrogacy, IVF, adoption, abortion, child support and posthumous reproduction - to elucidate the frameworks of meaning within which we understand these issues. / http://proxy.library.adelaide.edu.au/login?url= http://library.adelaide.edu.au/cgi-bin/Pwebrecon.cgi?BBID=1295254 / Thesis (Ph.D.) -- University of Adelaide, School of History and Politics, 2006

Title page, contents and abstract only. The complete thesis in print form is available from the University of Adelaide Library. / This thesis identifies and elaborates on the way in which notions of genetic inheritance connect with notions of ’proper’ families and hence shape policies concerning reproduction and family formation. Assumptions about the structure and shape of the ’proper’ or ’traditional’ family - as a heterosexual two-parent unit with biological children - and its claim to naturalness, are embedded in policies related to reproductive technologies and family formation. The thesis explores the discourses surrounding the following specific policies - surrogacy, IVF, adoption, abortion, child support and posthumous reproduction - to elucidate the frameworks of meaning within which we understand these issues. / http://proxy.library.adelaide.edu.au/login?url= http://library.adelaide.edu.au/cgi-bin/Pwebrecon.cgi?BBID=1295254 / Thesis (Ph.D.) -- University of Adelaide, School of History and Politics, 2006

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.