This book is an essential guide on surrogacy, discussing various legal issues that arise in surrogacy cases. It provides a comprehensive coverage to various issues pertaining to surrogacy arrangements due to failure to meet the needs of those involved in surrogacy, be it the intended parents or the surrogate mother, with special emphasis on the most vulnerable party -- the surrogate child. In the wake of this existing imbalance, the call to reform the practice of surrogacy has also increased. The book provides a comprehensive coverage to various laws and policy regulations in existence dealing with surrogacy, and unravels the latest trends and developments happening around the world as surrogacy gains importance. The international perspectives highlight policies and practices being adopted and followed by various nations with regard to surrogacy regulation and associated parenthood rules. This book also analyses some of the significant cross-border disputes revolving around surrogacy, and explores briefly the jurisprudence of the European Court of Human Rights on matters of parentage and citizenship for children born of trans-national surrogacy with special reference to the prospects of a convention on international surrogacy currently being studied by The Hague Conference on Private International Law. Further, it highlights the issues and questions relating to surrogacy arrangements that are so far unresolved and unanswered and suggests measures for improvements to the existing proposed surrogacy legislation in India and need for uniform international regulation. The book is a great resource for legal practitioners, academics, students, policy-makers, infertility clinics, and charitable organizations working on this issue.

This book is an essential guide on surrogacy, discussing various legal issues that arise in surrogacy cases. It provides a comprehensive coverage to various issues pertaining to surrogacy arrangements due to failure to meet the needs of those involved in surrogacy, be it the intended parents or the surrogate mother, with special emphasis on the most vulnerable party -- the surrogate child. In the wake of this existing imbalance, the call to reform the practice of surrogacy has also increased. The book provides a comprehensive coverage to various laws and policy regulations in existence dealing with surrogacy, and unravels the latest trends and developments happening around the world as surrogacy gains importance. The international perspectives highlight policies and practices being adopted and followed by various nations with regard to surrogacy regulation and associated parenthood rules. This book also analyses some of the significant cross-border disputes revolving around surrogacy, and explores briefly the jurisprudence of the European Court of Human Rights on matters of parentage and citizenship for children born of trans-national surrogacy with special reference to the prospects of a convention on international surrogacy currently being studied by The Hague Conference on Private International Law. Further, it highlights the issues and questions relating to surrogacy arrangements that are so far unresolved and unanswered and suggests measures for improvements to the existing proposed surrogacy legislation in India and need for uniform international regulation. The book is a great resource for legal practitioners, academics, students, policy-makers, infertility clinics, and charitable organizations working on this issue.

Surrogacy presents particularly complex questions for human rights law and theory. This book provides a unique and insightful examination into the underexplored issues of how domestic and international law is responding to the sharp increase in the use of surrogacy. The work presents critical analysis of the current regulation of surrogacy via domestic law in Australia, India and the USA, and international law in the form of the UN Convention on the Rights of the Child. Including a wide range of views from academics and practitioners around the world, the contributors consider what could be done to further protect the rights of all persons involved in surrogacy arrangements. This in-depth study of the international and domestic law governing surrogacy provides much needed scholarly knowledge of this contemporary phenomenon, along with recommendations for improvement, regulation and reform. The book will be of great importance to human rights and legal scholars, and well as practitioners in this field.

Thanks to recent progress in biotechnology, surrogacy, transplantation of organs and tissues, blood products or stem-cell and gamete banks are now widely used throughout the world. These techniques improve the health and well-being of some human beings using products or functions that come from the body of others. Growth in demand and absence of an appropriate international legal framework have led to the development of a lucrative global trade in which victims are often people living in insecure conditions who have no other ways to survive than to rent or sell part of their body. This growing market, in which parts of the human body are bought and sold with little respect for the human person, displays a kind of dehumanization that looks like a new form of slavery. This book is the result of a collective and multidisciplinary reflection organized by a group of international researchers working in the field of medicine and social sciences. It helps better understand how the emergence of new health industries may contribute to the development of a global medical tourism. It opens new avenues for reflection on technologies that are based on appropriation of parts of the body of others for health purposes, a type of practice that can be metaphorically compared to cannibalism. Are these the fi rst steps towards a proletariat of men- and women-objects considered as a reservoir of products of human origin needed to improve the health or well-being of the better-off? The book raises the issue of the uncontrolled use of medical advances that can sometimes reach the anticipations of dystopian literature and science fiction.

As a recent Supreme Court judgment remarked, the law relating to surrogacy in England and Wales can sometimes seem fragmented and obscure. This book provides the reader with a practical guide that starts with the history of surrogacy laws in England and Wales, and provides an up to date guide to how parental status for children born as a result of a surrogacy arrangement can be achieved. This book explores the key legal concepts in family law of legal parentage and parental responsibility and how that relates to children born via surrogacy, and then examines the criteria required for a parental order to be granted as well as the application process from start to finish. The book also provides an analysis of circumstances where the criteria for a parental order is not met and the legal options that are available to secure some form of parental status between the child and their parent(s). ABOUT THE AUTHOR Andrew Powell is a family law barrister at 4 Paper Buildings, specialising in surrogacy, the international movement of children, adoption, public law children work and court of protection. He is ranked in the Legal 500 and Chambers and Partners and acknowledged for his expertise in surrogacy law. Andrew is member of the Family Law Bar Association, The Association of Lawyers for Children, Resolution and is an associate member of the American Bar Association (Family Law Section). TESTIMONIALS "This is a much needed book in a specialist and difficult area of family law. Andrew Powell answers all of the questions that family lawyers and lay clients will have about how to approach a surrogacy case from beginning to end." - Linzi Bull, Partner at Penningtons Manches Cooper LLP CONTENTS 1. Introduction 2. What Is Surrogacy? 3. Legal Parenthood and Parental Responsibility 4. Parental Orders and the Parental Order Criteria 5. Welfare 6. The Parental Order Reporter and Their Duties 7. The Parental Order Application Process 8. What Happens When the Criteria for a Parental Order Is Not Met? 9. Concluding Comments

This book addresses the pressing challenges presented by the proliferation of international surrogacy arrangements. The book is divided into three parts. Part 1 contains National Reports on domestic approaches to surrogacy from Argentina, Australia, Belgium, Brazil, China, Czech Republic, France, Germany, Greece, Guatemala, Hungary, India, Ireland, Israel, Mexico, Netherlands, New Zealand, Russia, South Africa, Spain, Ukraine, United Kingdom, United States and Venezuela. The reports are written by domestic specialists, each demonstrating the difficult and urgent problems arising in many States as a result of international surrogacy arrangements. These National Reports not only provide the backdrop to the authors' proposed model regulation appearing in Part 3, but serve as a key resource for scrutinising the most worrying incompatibilities in national laws on surrogacy. Part 2 of the book contains two contributions that provide international perspectives on cross-border surrogacy such as the 'human rights' perspective. Part 3 contains a General Report, which consists of an analysis of the National Reports appearing in Part 1, together with a proposed model of regulation of international surrogacy arrangements at the international level written by the two co-editors, Paul Beaumont and Katarina Trimmings. The research undertaken by Katarina Trimmings and Paul Beaumont from 2010 to 2012 was funded by the Nuffield Foundation. This title is included in Bloomsbury Professional's Family Law online service.