The surrogate in commercial surrogacy : legal and ethical considerations

Sonia Allan

Research output: Chapter in Book / Conference PaperChapter

5 Citations (Scopus)

Abstract

Surrogacy is the term most often used to describe arrangements in which a women who is, or is to become, pregnant agrees permanently to surrender the child(ren) born of that pregnancy to another person or couple (the commissioning person(s)). Surrogacy may be ‘altruistic’ (where the surrogate receives no payment or restricted reimbursement of ‘reasonable expenses’ associated with her pregnancy) or ‘commercial’ (where the surrogate is paid a fee beyond expenses and costs). Over the past half century, as assisted reproductive technologies developed, and commercial surrogacy occurred in some jurisdictions, ethical and legal issues surrounding the practice were hotly debated. Early debate focused primarily upon whether commercial surrogacy commodifies women and children, and whether a surrogate should be required to relinquish the child should she change her mind. The majority of countries that chose to regulate on the matter, moved to prohibit commercial surrogacy, made surrogacy contracts void and unenforceable, and in some instances accepted altruistic arrangements subject to certain criteria being met.
Original languageEnglish
Title of host publicationSurrogacy, Law and Human Rights
EditorsPaula Gerber, Katie O'Byrne
Place of PublicationU.K.
PublisherAshgate Publishing
Pages113-143
Number of pages26
ISBN (Electronic)9781317048213
ISBN (Print)9781472451248
Publication statusPublished - 2015

Keywords

  • human rights
  • law and legislation
  • reproductive technology
  • surrogate mothers

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