Part 1: Introduction, literature review and methodology In her article entitled “Transnational Surrogacy in India: Interrogating power and women’s agency” author Daisy Deomampo addresses the discrimination and predicaments that women face with transnational surrogacy in India. Transnational surrogacy is when parents, single parents and even same sex families around the world who want children through egg donation or in vitro fertilization can look for a woman from another country to carry and birth their child for them. Deomampo also discusses...
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Introduction Surrogacy, according to Lasker, is a type of assisted reproduction in which a female agrees to bear a child for another woman or a couple. In many cases, surrogacy is the alternative method for single parents or spouses with reproductive health challenges to raise children. Surrogate mothers have become a source of hope for the majority of couples who have difficulties with natural conception. As noted by Lasker, there are distinctly two types of surrogacy namely, gestational and traditional....
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Introduction Nature has bestowed the beautiful power to procreate a life within women, and every woman cherishes the motherhood experience. An individual’s right to reproduction is his inherent right. The desire for children is a common phenomenon among couples. Parenthood is a life-altering experience that is eternally rewarding. The pain and suffering of struggling to fulfill the parenthood vision are unmitigated. The science of care for infertility has advanced by leaps and bounds. The institution of family has been granted...
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In The Handmaid’s Tale, Moira, the Commander, and Serena Joy’s resistance aligns with individual liberty, malevolence, and surrogacy of women in present-day society. In today’s world, we’ve feminist groups who advocate for women’s rights and gender equality, which demonstrates Moira’s rebellion within the novel. The Commander is a person who is in on the new arrangement of Gilead which should be his ideal society, especially since he added to the dispatch of Gilead. He has a craving sexual desire, and...
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While the last chapter examined judicial responses to the issue of surrogacy in India, the present chapter intends to discuss and analyse responses of the executive and the legislature. Surrogacy activity in India used to occur without any serious government monitoring or regulation. In 2005, the Indian Council of Medical Research (ICMR) issued guidelines on surrogacy.[footnoteRef:1] The ICMR is a body, funded by the Indian government, responsible for the formulation, coordination, and promotion of biomedical research.[footnoteRef:2] Many fertility clinics today...
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The advancements in birth technology has irreversibly changed the discourse regarding families, for this reason the Australian Legal system must be responsive to these changes, in order to achieve just outcomes for family members and society Through analysing the legal and non-legal responses surrounding birth technology such as IVF and Sperm donation, it becomes clear that the Justice system has been limited in its ability to provide just outcomes for individuals and society. Technological advancements in birth technology such as...
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Mistreatment of Surrogate mothers Surrogate mothers are like our mothers too, they deserve the same amount of respect and kindness we give to our mothers, however, surrogate mothers around the world today are still being mistreated. On 8th October 2015, a surrogate mother in the US was the first to die from surrogate pregnancy. An Idaho woman named Brooke, served as a surrogate three times when carrying twins, reportedly for a Spanish couple. These women are being paid to give...
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Infertility is, unfortunately, a common occurrence in modern society. 15% of the population at the reproductive age are infertile and 3-5% of them are infertile due to uterine dysfunction. Whether the dysfunction is caused by past hysterectomies due to illnesses like uterine cancer, being born without a uterus, or uterine hyperplasia, the uterus is either non-existent or not viable for pregnancy. Although there are other ways to have children such as surrogacy or adoption, these options do not work for...
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“I’ve seen you cringe just a little when someone says your child is lucky to have you. Because you know with all your being that it is the other way around” (Harris). This elucidates that when someone has the opportunity of becoming a caregiver they feel as if they’re the ones who are blessed rather than the child who is able to have a chance in the world. Caregiving is a very significant act of love that is shown all...
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While the previous chapters have dealt with the contents and similarities and differences of the 2016 Bill and the Standing Committee Report, this chapter aims to critically engage with their understanding and approach to commercial surrogacy using the perspectives of morality and autonomy, economic freedom and risks, as well as health approaches and the disability movement’s response to commercial surrogacy. A Feminist Analysis Surrogacy may influence the ways in which society views reproductive rights and enables them to be exercised....
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The Judiciary in India has played an integral role in developing the discourse around commercial surrogacy. In the present chapter, this dissertation would examine the response of the judiciary in India and elsewhere in the world to the phenomena of commercial surrogacy, highlighting the issues that have arisen for judicial determination and the principles laid down by the judiciary. Legislative Vacuum in India and the Importance of Judicial Responses The situation of commercial surrogacy in India is that of ‘legality...
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Abstract With the evolution of predominant values and mainstream culture, the definition of ‘family’ is constantly changing in the United States. Due to social transformations brought by the decline in heterosexual marriage and the growth of working females, the nuclear family, the family formed by heterosexual parents with their biological child or children, lost its dominant status in family forms. Moreover, the chosen family, which covers a wide range, from the adoptive family to same-sex parents with their surrogate children,...
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Many women might consider becoming a surrogate for different reasons. However, not all of them can do so, as they must meet some initial requirements. The purpose of surrogate screening is to ensure that the candidate is apt for the procedure, and thus protect the health and safety of both the surrogate and the baby during the entire surrogacy process. There are a number of factors which need to be taken into consideration. Prospective surrogates must be psychologically and physically...
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In this essay, I will be exploring Satz’s egalitarian argument for why we should limit markets in female reproductive labour. I will argue that Satz’s thesis is compelling, with regards to the assertion that contract pregnancy promotes the control of women’s bodies and behaviour. I will also argue that contract pregnancy exploits certain women with intersecting identities, specifically within the sphere of international surrogacy arrangements. Although I agree with Satz’s argument that contract pregnancy is counter to women’s liberation, I...
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The idea of progress can be defined as an improvement, a development or a change, a technical, scientific or social advance which contributes to making the world a better place. In today’s world, progress is developing at a very fast rate. We see scientific progress medical advances, cures for illness, cloning, enhancement of drugs, genetically modified organisms. We also perceive technological progress: hybrid cars, wind turbines, solar panels, biofuel, nuclear power, advances in the internet, the social media, mobile phones,...
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Surrogacy is an intrinsic, complex subject that encompasses many issues – the lack of enforcement in domestic arrangements, illegal arrangements, human trafficking and exploitation, and the legal consequences of leaving children stateless or without guardians. The Australian surrogacy system does not effectively protect the interests of Australian stakeholders nor provide the opportunity for safe surrogacy arrangements. Due to the lack of regulation and legislative protection for enforcement surrounding surrogacy, and Australia’s complex adoption system, Australians are turning to international surrogacy...
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Surrogacy literally means substitute or ‘taking the place of someone else’. In the case of a surrogate mother, she carries a fetus and bears a child on behalf of another person or couple, having agreed to surrender that child to them at birth or shortly afterward. The act of one woman bearing a child for another is almost as old as childbirth itself, and it was mentioned in the bible. However, in the 1980s surrogacy became one of the most...
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Introduction Advisory opinions in the world over, have been appreciated and acknowledged as an important source of law[footnoteRef:1], especially in the verge of jurisprudential development. Legal practitioners, diplomats and policy makers in Europe and beyond are agreeable to the fact that the precedents emanating from the European Court of Human rights has contributed positively towards the development of not only the human rights regime in Europe but also the practice of public international law[footnoteRef:2]. [1: Hambro, E. (1954). The authority...
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Andersons argument for the wrongness of commercial surrogacy rests largely upon the idea that through surrogacy, both the women’s labor and the child the labor produces, are treated as a commodity, which devalues both said things (Anderson,1990). She presents the Kantian thesis against the ‘commodification of persons’ to support this stating ‘to fail to value things appropriately is to embody in one’s life an inferior conception of human flourishing’ (Anderson, p73, 1990). Further arguing that if a transaction occurs which...
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As advances in artificial reproductive techniques progress, a myriad of possibilities become available for individuals around the world. As possibilities arise, many nuances arise as well, raising several ethical and moral concerns regarding such practices, gestational surrogacy being an eminent one. Recent statistics reveal that one in ten first world couples have difficulty conceiving naturally, and are now actively resorting to other methods of conception. The practice of surrogacy services an integral role for couples wanting genetically related offspring, as...
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In today’s society, family and relatedness come in many different forms. The family unit has become much more complex due to a range of factors. One factor being new reproductive technologies. New reproductive technologies have been introduced in order to facilitate, prevent or otherwise intervene the process of reproduction. These technologies are used in human and animal reproduction, including artificial insemination, cloning, contraception and IVF. The traditional family has always been considered as being physically related through biological ties such...
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Introduction Having children is one of the biggest goals of everyone no matter in what country as having children can expand the family tree. However, not everyone can have their own children. So, Surrogacy becomes a controversial way to help the couples and individuals who are not able to give birth, to have their children. Surrogacy violates the morality and meaning of giving birth. Therefore, I object the concept of surrogacy and that should not be existed in the world....
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In the current world, a female who is not capable of bearing a child can have one through surrogacy. In this, a fertile woman carries a baby and gives birth on behalf of the one who does not have the capability of conceiving. Many legal issues are encompassed during surrogacy; hence individuals intending to proceed with the option are recommended to seek legal advice. Studies have confirmed surrogacy to be an effective method of conception. However, it is necessary to...
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Abstract This article majorly looks at three different works concerning women’s health and the taboos related to it, which includes the maternity services offered by dais in different parts of India and surrogacy. The three works are: Can Maternity Services open up to the Indigenous Traditions of Midwifery by Mira sadgopal, The Surrogacy (Regulation) Bill, 2019 and two Bollywood films, Doosri Dulhan (1983) and Chori Chori Chupke Chupke (2001). Both the films depict sex workers as surrogate mothers and talks...
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It has been estimated that more than 80 million people are affected by infertility across the world. When a couple is not able to conceive a child naturally it seems to have a huge impact on the relationship as in most cases women are the normally blamed for being infertile. Society has also created a stereotype for women who are infertile to see themselves as different from the women who can conceive. This results to a crisis in the couple’s...
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One of the main purposes of any legal system is to protect the most vulnerable, in this case, its the family members. To an extent, legal and non-legal methods have been largely ineffective when achieving justice for family members in relation to surrogacy and birth technologies. Surrogacy has been a prominent issue in regard to achieving justice for family members. Surrogacy is the act of a woman giving birth to a baby on behalf of another person as known as...
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Science and Jewish ethics have begun to occasionally conflict as new technologies increase. While science revolutionises our society, ethics ensures that we still have the right values. Jewish medical ethics uses traditional halacha as a basis. During biblical times, the technology that is available today did not exist and so most rabbinical commentaries do not specifically have as much guidance on medical ethics. Surrogacy is a new medical technology that has only been around for the last 40 years, and...
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Over the years, surrogate motherhood has become an elevated trend around the globe, but the practice remains controversial. This report reviews surrogacy on the basis of limited data available for analysis whether it is a good idea or not keeping in view the benefits and the adversities associated with the phenomenon. The term ‘surrogate’ is derived from the Latin word ‘subrogate’ (to replace) and implies a woman who is pregnant and gives birth to a child for some other person...
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Since Australia’s federation, Christianity, rather than Buddhism has had a greater influence on how contemporary society responded to bio-medical issues. Despite this, the Australian law on surrogacy more closely aligns with the beliefs of Buddhism as a consequence of the Australian populace increasingly veering away from mainstream Christian ideologies into a secular world. To understand the extent to which World religions influence the Laws of Australia, this essay will examine the controversial issue of surrogacy, the negative perspective Christianity and...
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Surrogacy, defined as the ‘process of giving birth as a surrogate mother or of arranging such a birth’1, is a controversial issue with a broad spectrum of ethical positions. Even more divisive is the rise of commercial surrogacy, by which in any surrogacy arrangement the birth mother is paid or reimbursed beyond medical expenses. Surrogacy is a treatment option for those who are infertile, or as an alternative to adoption. However commercial surrogacy it is not just about fulfilling a...
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