University:
University College London
Course:
LAWS0024 | Family Law
Academic year:

2024
Views:

60

Pages:

3
Author:

Nam B.

Children's Rights in Assisted Reproduction and Surrogacy Presented by: Dr. Garayová Date: 23 February 2024 A Brief History of ART - 1846 • - 1884 • - First IVF baby 1948 • - In vitro fertilization technology 1978 • - William Pancoast: first child born through artificial insemination 1970 • - J. Marion Sims: first artificial insemination First mammal cells cryopreserved 1950s • Genetic screening techniques Best Interest of the Child in ART - (Art 3, UNCRC) • "In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration." - (Art 18, UNCRC) • "States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern." - (Government of South Australia, 1988, Government of Victoria, 2008). • - (Parliament of Canada, 2004). • - The interests of the child are 'given priority' (Government of Western Australia, 1991). • - The interests of the child who could be born of the procedure are 'paramount' Child interests require 'proper consideration' (Government of United Kingdom, 2008). • 'Treatment [should] not be provided unless account has been taken of the welfare of any child' Case Law - Baby M (United States, 1988) - Re C (A Child) (UK, 2013) - Pratten v. British Columbia (Canada, 2011) - S.H. and Others v. Austria (European Court of Human Rights, 2011) - Re L (A Minor) (Parental Responsibility: IVF Baby) (UK, 1995) Right to Health - UNCRC, General Comment No. 13 • "The care that women receive before, during and after their pregnancy has profound implications for the health and development of their children. Fulfilling the obligation to ensure universal access to a comprehensive package of sexual and reproductive health interventions should be based on the concept of a continuum of care from pre-pregnancy, through pregnancy, childbirth and throughout the post-partum period. Timely and good-quality care throughout these periods provides important opportunities to prevent the intergenerational transmission of ill-health and has a high impact on the health of the child throughout the life course." The Right Not To Be Sold Or Trafficked - "States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form." (UNCRC, Art 35) - "Sale of children means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration." (Article 2 of the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography) - "Commercial surrogacy could only be conducted in a way that does not constitute sale of children, if it were clear that the surrogate mother was only being paid for gestational services and not for the transfer of the child." (UN Special Rapporteur on the sale and sexual exploitation of children