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1.
Medicina (Kaunas) ; 57(1)2021 Jan 08.
Artigo em Inglês | MEDLINE | ID: mdl-33429930

RESUMO

Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman "lends" her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues relating to surrogacy remain unresolved, with significant disagreements and controversy within the scientific community and public opinion. There are several factors called into play and multiple parties and stakeholders whose objectives and interests need to somehow be reconciled. First and foremost, the authors contend, it is essential to prioritize and uphold the rights of children born through surrogacy and heterologous MAP. Materials and methods: To draw a parallel between Italy and the rest of the world, the legislation in force in twelve European countries was analyzed, eleven of which are part of the European Union (France, Germany, Italy, Spain, Greece, Netherlands, Belgium, Denmark, Lithuania, Czech Republic and Portugal) and three non-members of the same (United Kingdom, Ukraine and Russia), as well as that of twelve non-European countries considered exemplary (United States, Canada, Australia, India, China, Thailand, Israel, Nigeria and South Africa); in particular, legislative sources and legal databases were drawn upon, in order to draw a comparison with the Italian legislation currently in force and map out the evolution of the Italian case law on the basis of the judgments issued by Italian courts, including the Constitutional and Supreme Courts and the European Court of Human Rights (ECHR); search engines such as PubMed and Google Scholar were also used, by entering the keywords "surrogacy" and "surrogate motherhood", to find scientific articles concerning assisted reproduction techniques with a close focus on surrogacy. Results: SM is a prohibited and sanctioned practice in Italy; on the other hand, it is allowed in other countries of the world, which leads Italian couples, or couples from other countries where it is banned, to often contact foreign centers in order to undertake a MAP pathway which includes surrogacy; in addition, challenges may arise from the legal status of children born through surrogacy abroad: to date, in most countries, there is no specific legislation aimed at regulating their legal registration and parental status. Conclusion: With reference to the Italian context, despite the scientific and legal evolution on the subject, a legislative intervention aimed at filling the regulatory gaps in terms of heterologous MAP and surrogacy has not yet come to fruition. Considering the possibility of "fertility tourism", i.e., traveling to countries where the practice is legal, as indeed already happens in a relatively significant number of cases, the current legislation, although integrated by the legal interpretation, does not appear to be effective in avoiding the phenomenon of procreative tourism. Moreover, to overcome some contradictions currently present between law 40 and law 194, it would be appropriate to outline an organic and exhaustive framework of rules, which should take into account the multiplicity of interests at stake, in keeping with a fair and sustainable balance when regulating such practices.


Assuntos
Política Pública/legislação & jurisprudência , Técnicas de Reprodução Assistida/legislação & jurisprudência , Mães Substitutas/legislação & jurisprudência , Altruísmo , Austrália , Criança , Bem-Estar da Criança/ética , Bem-Estar da Criança/legislação & jurisprudência , Comércio , Europa (Continente) , Feminino , Humanos , Israel , Itália , Japão , Turismo Médico/ética , Turismo Médico/legislação & jurisprudência , Gravidez , Técnicas de Reprodução Assistida/ética , Federação Russa , Problemas Sociais , Tailândia , Ucrânia , Estados Unidos
2.
New Bioeth ; 26(4): 328-350, 2020 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-33196403

RESUMO

United States law recognizes adult reproductive liberty and many states view surrogacy services through that lens. During the COVID-19 pandemic in March, 2020, New York State enacted the Child-Parent Surrogacy Act (CPSA) into law, after feminists and their allies had caused its defeat in 2019. Just before approval of the CPSA, a group of legislators introduced the Alternative Surrogacy Bill (ASB). This article is a case study that examines how the CPSA and not the ASB became law, examining surrogate rights, the best interests of the child, and the ethical issues related to adult donor-conceived and surrogacy born children's rights to information about their ancestry.


Assuntos
Comércio/legislação & jurisprudência , Direitos Humanos , Legislação Médica/ética , Técnicas Reprodutivas/legislação & jurisprudência , Controle Social Formal , Mães Substitutas/legislação & jurisprudência , Acesso à Informação , Adulto , Criança , Bem-Estar da Criança , Comércio/ética , Infecções por Coronavirus/epidemiologia , Dissidências e Disputas , Família , Feminino , Humanos , Indústrias/ética , Indústrias/legislação & jurisprudência , Mães , New York/epidemiologia , Pandemias , Pneumonia Viral/epidemiologia , Gravidez , Técnicas Reprodutivas/economia , Técnicas Reprodutivas/ética , Direitos da Mulher
3.
Proc Natl Acad Sci U S A ; 117(33): 19792-19798, 2020 08 18.
Artigo em Inglês | MEDLINE | ID: mdl-32727903

RESUMO

We study popular attitudes in Germany, Spain, the Philippines, and the United States toward three controversial markets-prostitution, surrogacy, and global kidney exchange (GKE). Of those markets, only prostitution is banned in the United States and the Philippines, and only prostitution is allowed in Germany and Spain. Unlike prostitution, majorities support legalization of surrogacy and GKE in all four countries. So, there is not a simple relation between public support for markets, or bans, and their legal and regulatory status. Because both markets and bans on markets require social support to work well, this sheds light on the prospects for effective regulation of controversial markets.


Assuntos
Trabalho Sexual/legislação & jurisprudência , Mães Substitutas/legislação & jurisprudência , Obtenção de Tecidos e Órgãos/legislação & jurisprudência , Feminino , Alemanha , Humanos , Filipinas , Espanha , Obtenção de Tecidos e Órgãos/economia , Estados Unidos
4.
Obstet Gynecol ; 135(3): 717-722, 2020 03.
Artigo em Inglês | MEDLINE | ID: mdl-32028508

RESUMO

The first child carried by a surrogate after in vitro fertilization in the United States was born in 1985. Since then, the number of such births has steadily grown. According to the Centers for Disease Control and Prevention, the number of gestational carrier cycles increased from 727 in 1999 to 3,432 in 2013, encompassing more than 18,000 children born over this period. Surrogacy offers an alternative to adoption. However, it also disrupts traditional notions of parentage and gestation and complicates the role of obstetrician-gynecologists (ob-gyns) in helping their patients navigate difficult ethical issues. Surrogacy legislation falls under the jurisdiction of each individual state, which results in a variety of approaches. In this article, we review the legal aspects of surrogacy important for specialist ob-gyns, including select landmark court cases, states' approaches to surrogacy legislation, and unique components of informed consent. We also provide clinical recommendations specific to the United States for working with gestational surrogates and intended parents, spanning preconception, prenatal care, and delivery.


Assuntos
Mães Substitutas/legislação & jurisprudência , Feminino , Humanos , Consentimento Livre e Esclarecido , Cuidado Pré-Concepcional , Gravidez , Estados Unidos
5.
Am J Obstet Gynecol ; 222(4): 330-337, 2020 04.
Artigo em Inglês | MEDLINE | ID: mdl-31982386

RESUMO

As gestational surrogacy (a process by which intended parents contract with a woman to carry a fetus that the intended parents will raise) increases across the United States, it is imperative that obstetrician/gynecologists understand the unique nuances of caring for patients who are gestational surrogates. Gestational surrogacy offers a route to parenthood for individuals and families who may otherwise have limited options. Understanding surrogacy requires multiple ethical considerations about the potential medical and psychosocial effects on gestational surrogates as well as the families built through surrogacy. There is a dearth of research on the subject, particularly in the United States and other countries that practice compensated surrogacy. Here we seek to review the process of gestational surrogacy in the United States, including the legal landscape, current trends in gestational surrogacy use, and what is known about the medical and social effects of this process on all participants. We also aim to highlight the limitations of available data and to identify topics for future research to provide optimal evidence-based and just care for these patients.


Assuntos
Ginecologia/métodos , Obstetrícia/métodos , Mães Substitutas , Ética , Feminino , Humanos , Gravidez , Resultado da Gravidez/psicologia , Mães Substitutas/legislação & jurisprudência , Mães Substitutas/psicologia , Mães Substitutas/estatística & dados numéricos , Estados Unidos
6.
Clin Ter ; 170(1): e36-e43, 2020.
Artigo em Inglês | MEDLINE | ID: mdl-31850482

RESUMO

The author has delved into the most significant Italian and European court rulings related to heterologous fertilization and surrogate motherhood between 2012 and 2019, with a close focus on same-sex couples seeking to have their donor-conceived children born abroad legally registered in their country of origin. Undeniably, surrogacy has brought about a crisis in the traditional family model, made up of a mother and a father. The paper draws upon European Court of Human Rights established jurisprudence that upholds the children's best interests. Italian Court rulings are expounded upon as well, which have been instrumental in establishing the principles by which parental figures do not necessarily coincide with those who have generated the children (through biological bonds or delivery), but rather with those who wish to be recognized as parents. The cases herein examined involve homosexual couples who decided to travel abroad in order to gain access to surrogacy, from which children were born. In the case regarding two fathers, the child had no genetic tie with either one intended parent. The Italian Supreme Court's joint sessions have ruled that such children cannot be legally registered in Italy, since their foreign-issued birth certificates indicate no genetic connection between the children and their intended parents. The Author believes that the Supreme Court decision is valuable, but further legislative interventions will be necessary on account of scientific advancements; the issue of surrogacy is utterly complex and multi-faceted.


Assuntos
Direitos Civis/legislação & jurisprudência , Pai/legislação & jurisprudência , Fertilização In Vitro/legislação & jurisprudência , Saúde Global/legislação & jurisprudência , Direitos Humanos/legislação & jurisprudência , Casamento/legislação & jurisprudência , Mães Substitutas/legislação & jurisprudência , Adulto , Europa (Continente) , Feminino , Humanos , Recém-Nascido , Itália , Estudos Longitudinais , Masculino
8.
Med Law Rev ; 27(4): 597-622, 2019 Nov 01.
Artigo em Inglês | MEDLINE | ID: mdl-31867634

RESUMO

Focusing on the UK as a case study, this article argues that having the choice to enter into an international commercial surrogacy arrangement can be harmful, but that neither legalisation nor punitive restriction offers an adequate way to reduce this risk. Whether or not having certain options can harm individuals is central to current debates about the sale of organs. We assess and apply the arguments from that debate to international commercial surrogacy, showing that simply having the option to enter into a commercial surrogacy arrangement can harm potential vendors individually and collectively, particularly given its sexed dimension. We reject the argument that legalizing commercial surrogacy in the UK could reduce international exploitation. We also find that a punitive approach towards intended parents utilizing commercial rather than altruistic services is inappropriate. Drawing on challenges in the regulation of forced marriage and female genital cutting, we propose that international collaboration towards control of commercial surrogacy is a better strategy for preserving the delicate balancing of surrogate mothers' protection and children's welfare in UK law.


Assuntos
Comportamento de Escolha/ética , Comércio/ética , Comércio/legislação & jurisprudência , Técnicas de Reprodução Assistida/economia , Mães Substitutas/legislação & jurisprudência , Coerção , Feminino , Regulamentação Governamental , Humanos , Renda , Direito Internacional , Pobreza , Gravidez , Política Pública , Classe Social , Doadores de Tecidos/ética , Doadores de Tecidos/legislação & jurisprudência , Reino Unido , Populações Vulneráveis
9.
Rev. derecho genoma hum ; (51): 91-115, jul.-dic. 2019. 10.14679/1168
Artigo em Espanhol | IBECS | ID: ibc-192374

RESUMO

Este trabajo pretende un acercamiento al papel que juega el factor religioso en la bioética y el bioderecho y, más concretamente, analizar hasta qué punto influye dicho factor religioso en el rechazo de la figura de la gestación subrogada o de sustitución en nuestro país. Tras analizar la evolución de la ciencia, el derecho, la ética y la bioética en España, así como la indudable relación que tiene el factor religioso con la bioética, nos centraremos en estudiar la figura de la gestación subrogada y de la misma desde el punto de vista del factor religioso en nuestro país. Es decir, estudiaremos la visión religiosa y ética de la gestación subrogada y examinaremos jurisprudencia sobre el tema que nos llevará a darnos cuenta de cómo esta práctica, a pesar de estar expresamente prohibida en la legislación española, es reconocida indirectamente en los tribunales con el fin de dar protección al así nacido sobre la base del principio superior del interés del menor. Finalmente, pasaremos a observar cómo, aunque se parta del hecho objetivo de que estamos ante un Estado aconfesional, la mayoría de los motivos que alega la parte de la doctrina que rechaza la gestación por sustitución coinciden con los argumentos de rechazo dados por la Iglesia Católica ante esta figura


This paper seeks to explore the role played by religion in bioethics and biolaw and, more specifically, to analyse the extent to which this religious factor influences the rejection of the figure of surrogacy in our country. After analysing the evolution of science, law, ethics and bioethics in Spain, as well as the evident relationship between the religious factor and Bioethics, this paper will examine the figure of surrogacy from the Spanish religious point of view. As a result, we will study the religious and ethical vision of surrogacy and we will examine jurisprudence about the matter which will lead us to realize how this practice, despite being expressly prohibited under Spanish law, is indirectly recognized in courts in order to provide protection for the well born on the basis of superior interest of the child principle. Finally, we will observe how, despite being a secular state, most of the arguments against surrogacy put forward by non-religious actors correlate with the anti-surrogacy pronouncements of the Catholic Church


Assuntos
Humanos , Feminino , Técnicas de Reprodução Assistida/legislação & jurisprudência , Técnicas de Reprodução Assistida/normas , Mães Substitutas/legislação & jurisprudência , Religião e Medicina , Religião e Ciência , Bioética
10.
Acta Biomed ; 90(3): 319-325, 2019 09 06.
Artigo em Inglês | MEDLINE | ID: mdl-31580321

RESUMO

Surrogacy techniques allow for the birth of children who are then raised by parents who may have no genetic or biological connection with them at all. Italian legislation on medically assisted procreation bans such practices, under national criminal codes, and yet the intended parents' ability to legally register children born abroad via surrogacy has not been affected by such legislation. Italian jurisprudence has acknowledged the parental status of same-sex couples, following the same path outlined by the European Court of Human Rights. The paper's author elaborates on court decision n. 145/2018, from the Naples Court of Appeals, which has stated that surrogacy children may be connected to their intended parents merely by virtue of "mental" elements, based on affection, harmony and listening enjoyed by the child within the family setting. The author is critical of that view, in light of conflicting research findings on children growing up in same-sex families. In that regard, the author argues that even though homosexual couples may well turn out to be good parents, families made up of fathers and mothers still constitute the best scenario for the children, from a social perspective. It is however necessary for lawmakers to step in and better regulate an utterly sensitive area of law, one that might engender adverse repercussions on the children's well-being, in terms of growth and psychological development, following their becoming part of homosexual families.


Assuntos
Bem-Estar da Criança , Homossexualidade Feminina , Mães , Poder Familiar , Criança , Pai , Feminino , Humanos , Itália , Masculino , Mães Substitutas/legislação & jurisprudência
11.
J Bioeth Inq ; 16(4): 501-514, 2019 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-31399942

RESUMO

The rise of surrogacy in India over the last decade has helped individuals across the world to realize their parenting aspirations. In the macro-context of poverty in India and the hierarchical and patriarchal family set-up, concerns are expressed about coercion of women to participate in surrogacy. While the ethical issues engulfing surrogacy are widely discussed, not much is known about the role women play in the decision-making to participate in surrogacy. The paper aims to addresses this gap and is based on a part of a larger ethnographic study conducted at a surrogacy clinic in Anand, Gujarat, India. We explored experiences of forty-one surrogate mothers using in-depth interviews and analysed the narratives to identify women's own perceived role in the decision-making to participate in surrogacy. Narratives describing the decision-making process were identified and treated as a preliminary unit of analysis. We examined the use of singular and plural pronouns like "I," "me," and "mine" versus "we," "us," and "our," along with the use of active and passive voice to determine whether women assumed responsibility for the decision to participate in surrogacy or they attributed the decision to others. Findings unravelled the complexities of the decision-making process and indicated that eighty-five percent of the women played an active role in the decision-making to participate in surrogacy, albeit with new avenues of exploitation in the commercial market space and raised serious bioethical concerns.


Assuntos
Tomada de Decisões , Mães Substitutas/legislação & jurisprudência , Mães Substitutas/psicologia , Adulto , Altruísmo , Antropologia Cultural , Temas Bioéticos , Comércio , Feminino , Humanos , Índia , Entrevistas como Assunto , Princípios Morais , Fatores Socioeconômicos , Adulto Jovem
12.
Cuad. bioét ; 30(99): 187-198, mayo-ago. 2019.
Artigo em Espanhol | IBECS | ID: ibc-185234

RESUMO

El derecho español, artículo 177 del Código Civil, y el Convenio Europeo de adopción de menores requieren para la validez del consentimiento de la madre el transcurso, tras el parto, de seis semanas, en garantía de su libertad, consciencia y adecuada información. En contraste en los contratos de vientres de alquiler la mujer contratada en la gestación debe dar su consentimiento irrevocable de entrega del niño al nacer, ex ante del proceso, desprotegiéndola: impidiendo la revocación de su (aparente) voluntad inicial al concluir la gestación y conocer a su hijo ya nacido. Además de la ilicitud del objeto de este contrato, pese a la existencia de derecho que lo positivice, debe considerarse el consentimiento prestado nulo de pleno derecho


Spanish law, article 177 of the Civil Code, and the European Convention on the minors’ adoption require for the validity of the mother ́s consent, the passing of six weeks after the birth, as a guarantee of her freedom, consciousness and adequate information. In contrast, in the agreements of surrogate mother, the woman contracted for the pregnancy must give her irrevocable consent to give the child at birth, ex ante the process, leaving her unprotected: preventing the revocation of her (apparent) initial choice at the end of the pregnancy and knowing her child already born. In addition to the illegality of the object of this contract, despite the existence of a law that makes it positive, the consent given must be considered null and void


Assuntos
Humanos , Mães Substitutas/legislação & jurisprudência , Adoção/legislação & jurisprudência , Regulamentação Governamental , Pessoalidade , Contratos/legislação & jurisprudência , Confidencialidade/ética , Confidencialidade/legislação & jurisprudência , Responsabilidade Contratual
13.
Cuad Bioet ; 30(99): 187-198, 2019.
Artigo em Espanhol | MEDLINE | ID: mdl-31206298

RESUMO

Spanish law, article 177 of the Civil Code, and the European Convention on the minors' adoption require for the validity of the mother's consent, the passing of six weeks after the birth, as a guarantee of her freedom, consciousness and adequate information. In contrast, in the agreements of surrogate mother, the woman contracted for the pregnancy must give her irrevocable consent to give the child at birth, ex ante the process, leaving her unprotected: preventing the revocation of her (apparent) initial choice at the end of the pregnancy and knowing her child already born. In addition to the illegality of the object of this contract, despite the existence of a law that makes it positive, the consent given must be considered null and void.


Assuntos
Adoção/legislação & jurisprudência , Contratos/legislação & jurisprudência , Mães Substitutas/legislação & jurisprudência , Feminino , Humanos
15.
BMC Pregnancy Childbirth ; 19(1): 46, 2019 Jan 28.
Artigo em Inglês | MEDLINE | ID: mdl-30691390

RESUMO

BACKGROUND: Advances in science and technology coupled with globalization are changing access to and utilization of reproductive health services. This includes the transnational phenomenon of families who use surrogate mothers to reproduce, with forms of altruistic and commercial surrogacy becoming more commonplace. Simultaneously, changes in law, regulation, and policy are necessary to protect surrogates, intended parents, and resulting children. These developments have been slow to adapt to challenges inherent to surrogacy arrangements, most specifically in low-and middle-income countries, including in South American countries. METHODS: We conducted an interdisciplinary non-systematic literature review and legal analysis of existing and pending policy, laws, and regulations related to commercial surrogacy arrangements in Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay, and Venezuela. The review focused on articles that discussed topics of domestic and international law, policy, regulation, and governance related to commercial surrogacy. We queried PubMed, JSTOR, and Google Scholar for Spanish and English-language articles limited to those published between 2000 and 2016. RESULTS: Our literature and legal review found a wide variance in how different countries address the issue, including two (Brazil and Uruguay) that have issued guidance attempting to clarify the legality of commercial surrogacy, others who have introduced surrogacy-specific legislation, and a final group with no specific legal mechanisms in place. Our extracted legal case studies also indicate that courts have a hard time interpreting existing law and its applicability to surrogacy. The influence of Catholicism also played a role in the adoption of surrogacy and other advanced reproductive technology (ART)-related legislation. CONCLUSIONS: Changes in global infertility rates, the emergence of new family structures, and advancement of ART are factors that will influence future development of legal frameworks addressing surrogacy in South America. Despite a growing transnational market for commercial surrogacy in many of the countries examined, the current patchwork of policy does little to clarify what forms of surrogacy are legally permissible, nor do they adequately protect surrogates, intended parents, or the children themselves. This points to an urgent need for regional legal and policy harmonization specifically designed to align with public health and human rights principles.


Assuntos
Turismo Médico/legislação & jurisprudência , Mães Substitutas/legislação & jurisprudência , Direitos da Mulher/legislação & jurisprudência , Feminino , Direitos Humanos/legislação & jurisprudência , Humanos , Gravidez , Técnicas de Reprodução Assistida/legislação & jurisprudência , América do Sul
16.
Hum Fertil (Camb) ; 22(4): 273-276, 2019 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-29671648

RESUMO

Altruistic surrogacy among close relatives has been legal in Vietnam since the beginning of 2015. Following the revision of the Marriage and Family Law, there have been dozens of cases of surrogacy, and instances of successful pregnancy and childbirth have also been reported. Although surrogacy was completely prohibited in 2003, numerous local brokers offered commercial surrogacy services. Today, surrogacy is permitted under very limited conditions, and commercial surrogacy is prohibited. However, brokers continue to offer illegal commercial surrogacy services, and some even present its incidence may be increasing. In terms of women's roles, Vietnamese society places the highest value on motherhood, and childless couples are stigmatized. Thus, the demand for surrogates is high in Vietnam, rendering it difficult for family members to meet the needs of all those seeking these services. This article considers the consequences and implications of the new surrogacy policy in Vietnam based on field research.


Assuntos
Ética Médica , Família , Políticas , Mães Substitutas/legislação & jurisprudência , Adulto , Transferência Embrionária , Feminino , Humanos , Gravidez , Vietnã
17.
Med Law Rev ; 27(1): 144-154, 2019 Feb 01.
Artigo em Inglês | MEDLINE | ID: mdl-29481609

RESUMO

This case note analyses the recent judgment of the European Court of Human Rights in Paradiso and Campanelli v Italy and examines its implications for cross-border surrogacy in Europe. It is argued that this judgment is highly significant, because it sets new standards in terms of the concept of family life under Article 8 of the European Convention on Human Rights. This judgment, it is argued, only appears to bring a halt to the (seemingly) backdoor legitimacy of commercial surrogacy established by the findings of the Second Section and previous judgments of the Court. Finally, this case note critiques the Grand Chamber's findings and examines its likely impact on the problem of cross-border surrogacy.


Assuntos
Direitos Humanos/legislação & jurisprudência , Turismo Médico/legislação & jurisprudência , Mães Substitutas/legislação & jurisprudência , Feminino , Humanos , Itália
19.
Best Pract Res Clin Obstet Gynaecol ; 55: 117-127, 2019 Feb.
Artigo em Inglês | MEDLINE | ID: mdl-30553717

RESUMO

Women diagnosed with gynaecological cancer may face unwanted loss of fertility as well as all the other life-changing issues with which cancer and its treatments are associated. The decision to harvest and store gametes has to be made before commencement of treatment, and advances in these techniques have made this successful. Fertility sparing therefore must be discussed and offered at an early stage post diagnosis. Surrogacy is currently an evidence-based method of assisted reproduction, with mainly desirable outcomes for the commissioning mother, surrogate and child, without impacting on the cancer treatment and long-term survival. Surrogacy is therefore ethical as long as the autonomous rights of both the commissioning mother and gestational carrier are equally observed, they both have equal legal protection and due attention is paid to the short- and long-term welfare of any resulting offspring.


Assuntos
Neoplasias dos Genitais Femininos/complicações , Infertilidade Feminina/terapia , Técnicas de Reprodução Assistida/ética , Mães Substitutas/legislação & jurisprudência , Feminino , Humanos , Infertilidade Feminina/etiologia , Gravidez
20.
J Law Med ; 27(2): 369-386, 2019 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-32129042

RESUMO

Following the decision of Bernieres v Dhopal (2017) 324 FLR 21; [2017] FamCAFC 180 it seems that intended parents of children born via overseas compensated surrogacy arrangements will not be recognised as legal parents in Australia. This decision results in harmful outcomes for children and represents a missed opportunity for the Full Court of the Australian Family Court to resolve this issue. Therefore, this article is intended to act as a plea for a review of the approach. Acknowledging the difficulties faced by the Family Court in attempting to resolve issues of parentage in compensated surrogacy cases within the parameters of the Family Law Act 1975 (Cth), the authors suggest two possible alternative approaches. These approaches would enable the Court to stay true to the existing legislative framework while at the same time achieving what is clearly the desirable outcome for the children; that is: having their intended and functional parents recognised as their legal parents.


Assuntos
Tomada de Decisões , Mães Substitutas/legislação & jurisprudência , Austrália , Criança , Feminino , Humanos , Legislação como Assunto , Gravidez
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