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Research Handbook on Surrogacy and the Law
This essential Research Handbook provides a multifaceted exploration of surrogacy and the law, examining a variety of critical yet under-researched perspectives including globalisation, power, gender, sexual orientation, genetics, human rights and family relations. It covers four distinct topics: surrogacy and rights, the interplay between surrogacy and different areas of the law, cross-border aspects, and regional perspectives.
More Information
Critical Acclaim
Contributors
Contents
More Information
This essential Research Handbook provides a multifaceted exploration of surrogacy and the law, examining a variety of critical yet under-researched perspectives including globalisation, power, gender, sexual orientation, genetics, human rights and family relations.
Bringing together diverse, expert contributors, this contemporary Research Handbook covers four distinct topics: surrogacy and rights, the interplay between surrogacy and different areas of the law, cross-border aspects, and regional perspectives. Building on case studies from a multitude of countries, astute authors tackle significant issues related to surrogacy in their legal context, as well as their theoretical, cultural and political complexities.
The Research Handbook on Surrogacy and the Law will be a crucial resource for scholars and students specialising in family law, as well as those interested in human rights law, health law, social science and social policy. Highlighting avenues for future research and legislation, it will also be beneficial to legal practitioners and national and international policymakers in the field.
Bringing together diverse, expert contributors, this contemporary Research Handbook covers four distinct topics: surrogacy and rights, the interplay between surrogacy and different areas of the law, cross-border aspects, and regional perspectives. Building on case studies from a multitude of countries, astute authors tackle significant issues related to surrogacy in their legal context, as well as their theoretical, cultural and political complexities.
The Research Handbook on Surrogacy and the Law will be a crucial resource for scholars and students specialising in family law, as well as those interested in human rights law, health law, social science and social policy. Highlighting avenues for future research and legislation, it will also be beneficial to legal practitioners and national and international policymakers in the field.
Critical Acclaim
‘The Handbook serves as a comprehensive attempt to shed light on this complex web and untangle the variety of issues that characterize it. It offers a robust reading package and a valuable snapshot of current thinking in this area. It also stands as a reminder of how many different legal fields we, in fact, must evaluate when the legal aspects of surrogacy are under scrutiny.’
– Katja Karjalainen, International Journal of Law, Policy and The Family
''This Research Handbook is an excellent comprehensive source of information on different facets of surrogacy, including its human-rights and ethical implications, family, contract, labor, criminal, constitutional and private international law dimensions. It provides an expert analysis of a broad scale of legislative approaches and covers African, Muslim, Eastern and Western European and common law jurisdictions.''
– Masha Antokolskaia, Vrije Universiteit Amsterdam, the Netherlands
‘This Research Handbook is a welcome and important contribution to the fast-changing field of the law of surrogacy. Bringing together experts from around the globe, it provides not only national and regional perspectives but also, and perhaps more importantly, highlights the connections of surrogacy with other areas of law and especially human rights as well as the cross-border dimensions of surrogacy. It thus delivers a highly stimulating package of contemporary information and debate for anyone who is interested in this area of law.’
– Jens M. Scherpe, Aalborg University, Denmark
‘The Research Handbook on Surrogacy and the Law is a refreshing and timely analysis of significant legal issues relating to surrogacy in the global context. The 26 chapters cover a wide range of topics, including discrimination, genetics, and global justice. With its admirable exploration of the theoretical, cultural and political complexities of surrogacy, the book offers a rich understanding of the field.’
– Naomi Cahn, University of Virginia School of Law, US
‘The Research Handbook on Surrogacy and the Law is an incredibly valuable resource for anyone interested in surrogacy developments. It provides a comprehensive international examination of the ethical challenges underlying surrogacy practices, the complex questions of cross-border recognition, the interplay of public and private law, and emerging global norms on the protection of children''s rights and the interests of intended parents, gestational carriers, and genetic progenitors.’
– June Carbone, University of Minnesota, US
‘This wide-ranging Research Handbook provides a noteworthy addition to the growing literature exploring legal responses to surrogacy as a global phenomenon. Using national, transnational, international and comparative perspectives, the contributors elucidate the challenges raised and responses developed across different legal cultures to this difficult and complex issue.’
– Gillian Douglas, King''s College London, UK
– Katja Karjalainen, International Journal of Law, Policy and The Family
''This Research Handbook is an excellent comprehensive source of information on different facets of surrogacy, including its human-rights and ethical implications, family, contract, labor, criminal, constitutional and private international law dimensions. It provides an expert analysis of a broad scale of legislative approaches and covers African, Muslim, Eastern and Western European and common law jurisdictions.''
– Masha Antokolskaia, Vrije Universiteit Amsterdam, the Netherlands
‘This Research Handbook is a welcome and important contribution to the fast-changing field of the law of surrogacy. Bringing together experts from around the globe, it provides not only national and regional perspectives but also, and perhaps more importantly, highlights the connections of surrogacy with other areas of law and especially human rights as well as the cross-border dimensions of surrogacy. It thus delivers a highly stimulating package of contemporary information and debate for anyone who is interested in this area of law.’
– Jens M. Scherpe, Aalborg University, Denmark
‘The Research Handbook on Surrogacy and the Law is a refreshing and timely analysis of significant legal issues relating to surrogacy in the global context. The 26 chapters cover a wide range of topics, including discrimination, genetics, and global justice. With its admirable exploration of the theoretical, cultural and political complexities of surrogacy, the book offers a rich understanding of the field.’
– Naomi Cahn, University of Virginia School of Law, US
‘The Research Handbook on Surrogacy and the Law is an incredibly valuable resource for anyone interested in surrogacy developments. It provides a comprehensive international examination of the ethical challenges underlying surrogacy practices, the complex questions of cross-border recognition, the interplay of public and private law, and emerging global norms on the protection of children''s rights and the interests of intended parents, gestational carriers, and genetic progenitors.’
– June Carbone, University of Minnesota, US
‘This wide-ranging Research Handbook provides a noteworthy addition to the growing literature exploring legal responses to surrogacy as a global phenomenon. Using national, transnational, international and comparative perspectives, the contributors elucidate the challenges raised and responses developed across different legal cultures to this difficult and complex issue.’
– Gillian Douglas, King''s College London, UK
Contributors
Contributors include: Claire Achmad, Elizabeth H. Aguiling-Pangalangan, Brian H. Bix, Andrea Büchler, Ilona Cairns, Nola Cammu, Nigel Cantwell, Stefanie Carsley, Martha Ceballos, Alicia Czarnowski, Mia Dambach, Maud de Boer-Buquicchio, Yasmine Ergas, Claire Fenton-Glynn, Patricia Fronek, Cristina González Beilfuss, Vanessa Gruben, Jayne Hewitt, Sital Kalantry, Mary Keyes, Olga A. Khazova, Laura Martínez-Mora, Annick Masselot, Kimberly Mutcherson, Unaisi Narawa, Molly O’Donoghue, Nieve Rubaja, Arezoo Sang Bastian, Sharon Shakargy, Nensi Sinanaj, Julia Sloth-Nielsen, Malcolm Smith, David Smolin, Katarina Trimmings, Alina Tryfonidou, Machteld Vonk, Michael Wells-Greco
Contents
Contents:
1 Surrogacy and the law: an introduction 1
Katarina Trimmings, Sharon Shakargy and Claire Achmad
PART I SURROGACY AND RIGHTS
2 The significance of genetics in surrogacy 8
Nola Cammu and Machteld Vonk
3 Surrogacy and global justice 24
Kimberly Mutcherson
4 Surrogacy and the ‘best interests principle’ 40
Claire Fenton-Glynn
5 Surrogacy, intermediaries, and the sale of children 54
David Smolin and Maud de Boer-Buquicchio
6 Child’s right to identity in surrogacy 108
Mia Dambach and Nigel Cantwell
7 Surrogacy and discrimination 130
Nensi Sinanaj
8 Surrogacy in the ECtHR and the European Institutions 151
Alina Tryfonidou
9 Surrogacy, feminism and LGBTQ2S+ family building 169
Vanessa Gruben, Stefanie Carsley and Alicia Czarnowski
10 International human rights law and the rights of women in reproductive
surrogacy: between principle and pragmatism 187
Yasmine Ergas
PART II INTERFACE BETWEEN SURROGACY AND DIFFERENT
AREAS OF LAW
11 Surrogacy and contract law 207
Brian H. Bix
12 Surrogacy and employment law 223
Annick Masselot and Martha Ceballos
13 Surrogacy and criminal law 240
Ilona Cairns and Molly O’Donoghue
14 Surrogacy and bioethics 263
Malcolm Smith, Jayne Hewitt and Patricia Fronek
PART III CROSS-BORDER DIMENSIONS
15 Surrogacy in private international law 283
Sharon Shakargy
16 Surrogacy and the Hague Conference on Private International Law 296
Laura Martínez-Mora
17 Nationality and immigration obstacles in cross-border surrogacy arrangements 320
Michael Wells-Greco
PART IV REGIONAL PERSPECTIVES
18 Western European approaches to surrogacy 340
Cristina González Beilfuss
19 Recent changes in Russian law on surrogacy in the Eastern European context 354
Olga A. Khazova
20 Surrogacy in the Anglo world: the UK, Australia, Canada and New
Zealand Research handbook on surrogacy and the law 377
Mary Keyes
21 Surrogacy in Asia 396
Elizabeth H. Aguiling-Pangalangan
22 Surrogacy in the United States of America: from prohibition to permission 437
Sital Kalantry
23 Surrogacy in South America 454
Nieve Rubaja
24 Gestational surrogacy in Muslim-majority states 476
Andrea Büchler and Arezoo Sang Bastian
25 Surrogacy in the Pacific 492
Unaisi Narawa
26 Surrogacy in Africa 504
Julia Sloth-Nielsen
1 Surrogacy and the law: an introduction 1
Katarina Trimmings, Sharon Shakargy and Claire Achmad
PART I SURROGACY AND RIGHTS
2 The significance of genetics in surrogacy 8
Nola Cammu and Machteld Vonk
3 Surrogacy and global justice 24
Kimberly Mutcherson
4 Surrogacy and the ‘best interests principle’ 40
Claire Fenton-Glynn
5 Surrogacy, intermediaries, and the sale of children 54
David Smolin and Maud de Boer-Buquicchio
6 Child’s right to identity in surrogacy 108
Mia Dambach and Nigel Cantwell
7 Surrogacy and discrimination 130
Nensi Sinanaj
8 Surrogacy in the ECtHR and the European Institutions 151
Alina Tryfonidou
9 Surrogacy, feminism and LGBTQ2S+ family building 169
Vanessa Gruben, Stefanie Carsley and Alicia Czarnowski
10 International human rights law and the rights of women in reproductive
surrogacy: between principle and pragmatism 187
Yasmine Ergas
PART II INTERFACE BETWEEN SURROGACY AND DIFFERENT
AREAS OF LAW
11 Surrogacy and contract law 207
Brian H. Bix
12 Surrogacy and employment law 223
Annick Masselot and Martha Ceballos
13 Surrogacy and criminal law 240
Ilona Cairns and Molly O’Donoghue
14 Surrogacy and bioethics 263
Malcolm Smith, Jayne Hewitt and Patricia Fronek
PART III CROSS-BORDER DIMENSIONS
15 Surrogacy in private international law 283
Sharon Shakargy
16 Surrogacy and the Hague Conference on Private International Law 296
Laura Martínez-Mora
17 Nationality and immigration obstacles in cross-border surrogacy arrangements 320
Michael Wells-Greco
PART IV REGIONAL PERSPECTIVES
18 Western European approaches to surrogacy 340
Cristina González Beilfuss
19 Recent changes in Russian law on surrogacy in the Eastern European context 354
Olga A. Khazova
20 Surrogacy in the Anglo world: the UK, Australia, Canada and New
Zealand Research handbook on surrogacy and the law 377
Mary Keyes
21 Surrogacy in Asia 396
Elizabeth H. Aguiling-Pangalangan
22 Surrogacy in the United States of America: from prohibition to permission 437
Sital Kalantry
23 Surrogacy in South America 454
Nieve Rubaja
24 Gestational surrogacy in Muslim-majority states 476
Andrea Büchler and Arezoo Sang Bastian
25 Surrogacy in the Pacific 492
Unaisi Narawa
26 Surrogacy in Africa 504
Julia Sloth-Nielsen
