Editorial: Surrogacy around the world

Surrogacy is an encouraging management for many childless couples and can hypothetically resolve many unbearable pain that they are confronted. Initially surrogacy treatment was frowned upon, however, surrogacy is more popularly accepted now a day. But different country has different regulations on surrogacy. However, there are some degree of divergence between official discourse and actual practice of surrogacy throughout world. There are positive changes in attitude toward surrogacy has been seen for some countries as well. This editorial brief about surrogacy around the world

A case for paid surrogate motherhood

It has become commonplace to distinguish between altruistic and commercial surrogate motherhood. Altruistic surrogacy refers to cases where the surrogate mother is motivated by care or concern for an infertile couple, usually friends or relatives, to bear a child and then to transfer parental rights to them. Although she may be reimbursed for expenses associated with the pregnancy, she is not paid. Commercial surrogacy, on the other hand, is arranged through an agency which puts potential surrogates in contact with people wishing to employ their services. In addition to her expenses, the surrogate mother is paid a fee. Although both forms of surrogacy are morally controversial, the dominant view is that altruistic surrogacy is morally superior to, or at least less problematic than, commercial surrogacy

Surrogacy relationships: a critical interpretative review

Based on a critical interpretative review of existing qualitative research investigating accounts of ‘lived experience’ of surrogates and intended parents from a relational perspective, this article proposes a typology of surrogacy arrangements. The review is based on the analysis of 39 articles, which belong to a range of different disciplines (mostly sociology, social psychology, anthropology, ethnology, and gender studies). The number of interviews in each study range from as few as seven to over one hundred. Countries covered include Australia, Canada, Greece, India, Iran, Israel, Italy, Mexico, Norway, Russia, Sweden, UK, Ukraine, and the USA. Most studies focus only on surrogacy practices in one country (although often with intended parents from other countries), and some include several countries (e.g. interviewees from several countries or fieldwork in different field-sites). The proposed typology goes beyond the division between altruistic versus commercial, and traditional versus gestational surrogacy, in order to inform further research and to contribute to bioethical and policy debates on surrogacy in a transnational context. Four types of relations are identifiable: open, restricted, structured, and enmeshed. The criteria which influence these relationships are: the frequency and character of contact pre- and post-birth; expectations of both parties; the type of exchange involved in surrogacy arrangements; and cultural, legal, and economic contexts. The theoretical contribution of the article is to further the development of a relational justice approach to surrogacy

Still Hazy After All These Years: The Law Regulating Surrogacy

In 1997, Margaret Brazier was asked by the then Government to chair a review of the laws regulating surrogacy. The subsequent Brazier Report made a number of recommendations, including the need for greater regulation and the tightening of ‘expenses’ payments. Fifteen years on, the limitations in the legal regulation of surrogacy have become increasingly clear. Yet, none of Brazier's recommendations have been adopted, despite the clear opportunity for revisiting the regulation of surrogacy offered during the passage of the Human Fertilisation and Embryology Act (2008). In this paper, we revisit the Brazier Report in the light of subsequent developments and assess to what extent its key findings remain salient. Brazier's recommendations will thus provide a jumping off point for a critical analysis of the current state of the law regarding surrogacy

Reform of UK surrogacy laws: the need for evidence

Surrogacy, whether altruistic or commercial, has become the focus of much public and academic commentary. Given the complexity of surrogacy practice, we have become concerned that many 'reform' arguments are based on alleged matters of fact: a dangerous state of affair

Surrogacy - A path of obstacles

Surrogacy has become an effective and accepted form of reproductive technology. It enables couples, regardless of gender or sexuality, to achieve the dream of becoming a parent in circumstances where other forms of reproductive technology and adoption are either not possible or have failed. To its credit, the Queensland parliament has recently brought this state up to date by enacting surrogacy laws that are in line with the majority of statutes implemented throughout the country. The Surrogacy Act 2010 (Qld) allows for the court to make a parentage order in certain circumstances where parties have entered into a surrogacy arrangement. A parentage order effectively transfers parental rights from the birth mother (and her spouse or de facto if there is one) to the intended parents. The requirements which must be satisfied to obtain a parenting order are comprehensive and onerous, making the path to parenthood through a surrogacy arrangement by no means easy. At the heart of the surrogacy issue lies a question, the answer to which has shifted and continues to shift as reproductive technologies continue to increase in success, method and popularity - what is a parent? A recent decision of the Administrative Appeals Tribunal, Hudson v Minister for Immigration and Citizenship, brought to attention the meaning of the word ‘parent’ as it appears in s 16(2) Australian Citizenship Act 2007 (Cth) (‘the Act’). Section 16(2) deals with citizenship by descent and provides that a person born outside Australia may make an application to the Minister to become an Australian citizen if a parent of the person was an Australian citizen at the time of the birth

Introduction

This is the post print version of the chapter - Copyright @ 2003 The editorsThis book is about surrogacy and, more specifically, surrogate motherhood. It is a collection of essays that aims to provide a contemporary and international picture of a practice, traceable to ancient times, devised to solve the problem of childlessness. The collection, which explores surrogacy from a variety of perspectives including law, policy, medicine and psychology, is timely. For although there is nothing new in the notion that a woman might bear a child for someone else, there is some evidence that the incidence of surrogacy is increasing and technology has developed to make ever more complex arrangements possible