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Author: Ruth Walker
Publisher: Springer
ISBN: 1137586583
Category : Social Science
Languages : en
Pages : 205
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Book Description
This book delves deeply into modern surrogacy arrangements, responding to both practical and ethical critiques by offering a radically new model for surrogate motherhood. Current practice distinguishes between two models of surrogacy – the altruistic (unpaid) model and the commercial (paid) model, both of which present social, ethical, and conceptual challenges. This book proposes a novel arrangement for surrogate motherhood – the professional model. Inspired by professions, such as nursing, teaching, and social work, the professional model acknowledges the caring motives that surrogate mothers have while at the same time compensating them for their work. Walker and Van Zyl adopt an evidence-based approach to explain that the professional model enables trust between intended parents and surrogates, provides professional support at every stage of the relationship, affords legal protections against exploitation and commodification, and recognizes the rights and interests of all parties, including the intended baby. The model applies to both transnational and domestic surrogacy and will be of great interest to policy makers, social researchers, bioethicists, legal scholars, fertility professionals, clinicians, and graduate students in psychology, philosophy, medicine and ethics.
Author: Ruth Walker
Publisher: Springer
ISBN: 1137586583
Category : Social Science
Languages : en
Pages : 205
Get Book Here
Book Description
This book delves deeply into modern surrogacy arrangements, responding to both practical and ethical critiques by offering a radically new model for surrogate motherhood. Current practice distinguishes between two models of surrogacy – the altruistic (unpaid) model and the commercial (paid) model, both of which present social, ethical, and conceptual challenges. This book proposes a novel arrangement for surrogate motherhood – the professional model. Inspired by professions, such as nursing, teaching, and social work, the professional model acknowledges the caring motives that surrogate mothers have while at the same time compensating them for their work. Walker and Van Zyl adopt an evidence-based approach to explain that the professional model enables trust between intended parents and surrogates, provides professional support at every stage of the relationship, affords legal protections against exploitation and commodification, and recognizes the rights and interests of all parties, including the intended baby. The model applies to both transnational and domestic surrogacy and will be of great interest to policy makers, social researchers, bioethicists, legal scholars, fertility professionals, clinicians, and graduate students in psychology, philosophy, medicine and ethics.
Author: Lawrence O. Gostin
Publisher: Indiana University Press
ISBN: 9780253115201
Category : Medical
Languages : en
Pages : 396
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Book Description
"... glimpses of intriguing changes in social arrangements and cultural understandings in relation to surrogacy. Disturbing motherhood indeed." -- New Scientist "Larry Gostin has put together the definitive collection of essays on one of the most perplexing and titillating topics in contemporary medical ethics. This book includes contributions from some of the leading scholars on the legal, ethical, and social aspects of surrogacy, as well as several critical perspectives on the famous Baby M case -- must reading for understanding the surrogate motherhood controversy." -- Robert M. Veatch "Highly recommended... " -- Choice "... a valuable resource for those concerned with an exceedingly difficult ethical, legal, and political problem."Â -- Ethics "There is a wealth of information here on the current 'status questionis' in the United States, and anyone involved in the surrogacy debate, in the U.S. or otherwise, will find working through this material very worthwhile." -- Canadian Philosophical Review "... an excellent sample of some of the best and most varied thinking so far on the numerous conceptual, moral, social, and policy questions raised by contract motherhood." -- The Journal of Clinical Ethics
Author: Martha A. Field
Publisher: Harvard University Press
ISBN: 0674036832
Category : Law
Languages : en
Pages : 258
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Book Description
With an Expanded Appendix on the Current Legal Status of Surrogacy Arrangements A practice known since Biblical times, surrogate motherhood has only recently leaped to prominence as a way of providing babies for childless couples—and leaped to notoriety through the dramatic case of Baby M. Contract surrogacy is officially little more than ten years old, but by 1986 five hundred babies had been born to mothers who gave them up to sperm donor fathers for a fee, and the practice is growing rapidly. Martha Field examines the myriad legal complexities that today enmesh surrogate motherhood, and also looks beyond existing legal rules to ask what society wants from surrogacy. A man’s desire to be a “biological” parent even when his wife is infertile—the father’s wife usually adopts the child—has led to this new kind of family, and modern technology could further extend surrogacy’s appeal by making gestational surrogates available to couples who provide both egg and sperm. But is surrogacy a form of babyselling? Is the practice a private matter covered by contract law, or does adoption law govern? Is it good or bad social and public policy to leave surrogacy unregulated? Should the law allow, encourage, discourage, or prohibit surrogate motherhood? Ultimately the answers will depend on what the American public wants. In the difficult process of sorting out such vexing questions, Martha Field has written a landmark book. Showing that the problem is rather too much applicable law than too little, she discusses contract law and constitutional law, custody and adoption law, and the rights of biological fathers as well as the laws governing sperm donation. Competing values are involved all along the legal and social spectrum. Field suggests that a federal prohibition would be most effective if banning surrogacy is the aim, but federal prohibition might not be chosen for a variety of reasons: a preference for regulating surrogacy instead of driving it underground; a preference for allowing regulation and variation by state; or a respect for the interests of people who want to enter surrogacy arrangements. Since the law can support a wide variety of positions, Field offers one that seems best to reconcile the competing values at stake. Whether or not paid surrogacy is made illegal, she suggests that a surrogate mother retain the option of abiding by or canceling the contract up to the time she freely gives the child to the adopting couple. And if she cancels the contract, she should be entitled to custody without having to prove in court that she would be a better parent than the father.
Author: Piotr Mostowik
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
ISBN: 8366344061
Category : Law
Languages : pl
Pages : 1066
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Book Description
The observation that mater semper certa est remains accurate under most legal systems in the world. Maternity is defined as the personal status (filiation) of a woman who gave birth to a child. It is typically complemented by the fatherhood of the man from whom the child biologically originates (often quem nuptiae demonstrant). However, in some states, a kind of competitive way of acquiring the legal status of mother and father (or “homosexual parents A and B”) has been introduced via concluding a contract with a surrogate mother. Usually with a woman coming from poorer societies and with the assistance of professional intermediaries and organizers. The postulates to change substantive family law, or at least to recognize the effects of foreign law and procedures (a kind of “procreative tourism”), appear nowadays also in states generally prohibiting surrogate motherhood. The issues discussed in this volume concern both national law and international court cases. Recent examples include the opinion of the European Court of Human Rights of 10 April 2019 initiated by the French Cour de cassation, the judgement of the German Bundesgerichtshofof 20 March 2019, and dilemmas of Polish administrative courts. Focusing on the international perspective, the present volume as well as an accompanying book in Polish are the results of the international cooperation of over 30 experts from both member states and observer states of the Council of Europe. The monograph is structured “from the general to the detail” and includes a comprehensive view as well: from the issues of philosophy and sociology of law, to human rights standards of national constitutions and international agreements, to principles of ordre public of forum and their protection with measures of private, public, and penal law. This allows readers, including legislators and judges, the better understanding of the fundamental legal problems that surrogate motherhood brings, both in states where law creates them in a narrower or wider extent, and in other countries of the world, to which these problems can be imported with the movement of people and with de lege lata and de lege ferenda postulates.
Author: Susan Markens
Publisher: Univ of California Press
ISBN: 0520940970
Category : Social Science
Languages : en
Pages : 288
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Book Description
Susan Markens takes on one of the hottest issues on the fertility front—surrogate motherhood—in a book that illuminates the culture wars that have erupted over new reproductive technologies in the United States. In an innovative analysis of legislative responses to surrogacy in the bellwether states of New York and California, Markens explores how discourses about gender, family, race, genetics, rights, and choice have shaped policies aimed at this issue. She examines the views of key players, including legislators, women's organizations, religious groups, the media, and others. In a study that finds surprising ideological agreement among those with opposing views of surrogate motherhood, Markens challenges common assumptions about our responses to reproductive technologies and at the same time offers a fascinating picture of how reproductive politics shape social policy.
Author: Helena Ragone
Publisher: Routledge
ISBN: 1000313654
Category : Social Science
Languages : en
Pages : 193
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Book Description
Surrogate Motherhood: Conception in the Heart is a compelling account written with analytical clarity and remarkable compassion. Helena Ragoné has given long overdue humanity and voice to the actual participants in the surrogate motherhood experience—a heretofore inaccessible population—and the results are fascinating. Anyone interested in fertility, parenting, reproduction, and kinship, or anyone interested in contemporary culture will want to read this book.
Author: Susan Golombok
Publisher: Cambridge University Press
ISBN: 110705558X
Category : Family & Relationships
Languages : en
Pages : 283
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Book Description
This book provides an expert view of research on parenting and child development in new family forms.
Author: Elly Teman
Publisher: Univ of California Press
ISBN: 0520945859
Category : Social Science
Languages : en
Pages : 382
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Book Description
Birthing a Mother is the first ethnography to probe the intimate experience of gestational surrogate motherhood. In this beautifully written and insightful book, Elly Teman shows how surrogates and intended mothers carefully negotiate their cooperative endeavor. Drawing on anthropological fieldwork among Jewish Israeli women, interspersed with cross-cultural perspectives of surrogacy in the global context, Teman traces the processes by which surrogates relinquish any maternal claim to the baby even as intended mothers accomplish a complicated transition to motherhood. Teman’s groundbreaking analysis reveals that as surrogates psychologically and emotionally disengage from the fetus they carry, they develop a profound and lasting bond with the intended mother.
Author: Helen B. Holmes
Publisher: Indiana University Press
ISBN: 9780253206954
Category : Feminism
Languages : en
Pages : 348
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Book Description
"... a welcome addition to the literature." --Center for Theology and the Natural Sciences "... ideologically diverse selection of readings... "--Times Literary Supplement (London) "The essays are balanced, challenging, well-argued, and well-written. They ably and accessibly represent feminist contributions to medical ethics... " --Religious Studies Review "... fascinating... thought-provoking... " --Nursing Times "A stimulating book for those women and men (feminist and non-feminist) interested in medical ethics." --Maternal and Child Health "... landmark [event] in bioethics... " --Women & Health The aim of this volume is to show how a feminist perspective advances biomedical ethics by uncovering inconsistencies in traditional argument and by arguing for the importance of hitherto ignored factors in decision making. These essays include both theory and very specific examples that demonstrate the glaring inadequacy of mainstream medical ethics.
Author: Rachel Cook
Publisher: Bloomsbury Publishing
ISBN: 1847310370
Category : Law
Languages : en
Pages : 324
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Book Description
This book is a multi-disciplinary collection of essays from leading researchers and practitioners,exploring legal, ethical, social, psychological and practical aspects of surrogate motherhood in Britain and abroad. It highlights the common themes that characterise debates across countries as well as exploring the many differences in policies and practices. Surrogacy raises questions for medical and welfare practitioners and dilemmas for policy makers as well as ethical issues of concern to society as a whole. The international perspective adopted by this book offers an opportunity for questions of law, policy and practice to be shared and debated across countries. The book links contemporary views from research and practice with broader social issues and bio-ethical debates. The book will be of interest to an international audience of academics and their students (in law, social policy, reproductive medicine, psychology and sociology), practitioners (including doctors, counsellors, midwives and welfare professionals) as well as those involved in policy-making and implementation.
