Status of children arising from inter-country surrogacy arrangements / Michael Wells-Greco.

Format:

Book

Author/Creator:

Wells-Greco, Michael, author.

Language:

English

Subjects (All):

Surrogate mothers--Legal status, laws, etc.

Surrogate mothers.

Conflict of laws--Adoption.

Conflict of laws.

Human rights.

Physical Description:

1 online resource (566 p.)

Edition:

1st ed.

Place of Publication:

Hague, Netherlands : Eleven International Publishing, 2016.

Language Note:

English

Summary:

Through a comparative review of eight legal systems, this book examines the legal aspects of parenthood and nationality following inter-country surrogacy arrangements and the influence of European and international human rights law on the determination of parentage, the establishment of nationality, and the prevention of statelessness, as well as identity rights, continuation of relationship rights, and, more broadly, child protection. The research considers whether national laws on parenthood and the establishment of nationality sufficiently protect the interests of the surrogate-born child, as well as the parties to a surrogacy arrangement in accordance with identifiable standards under European and international human rights law. Soft law and hard law recommendations are provided to protect the interests of these children. Thesis. *** Librarians: ebook available [Subject: International Law, European Law, Human Rights Law, Family Law, Children's Law, Comparative Law]

Contents:

Cover; Table of Contents; Abbreviations; Glossary of key terms used in this research; 1 Introduction; 1.1 Background; 1.2 Setting the scene; 1.3 Jurisdictional approaches; 1.4 Developing the existing research; 1.5 Research questions; 1.6 Research aims; 1.7 Research approach and methodology; 1.8 The importance of Europe for this research; 1.9 Research structure; 1.9.1 Chapter Two: Mapping the policy issues; 1.9.2 Chapter Three: A comparative perspective; 1.9.3 Chapter Four: Surrogacy and human rights; 1.9.4 Chapter Five: The right to a nationality and the prevention of statelessness

1.9.5 Chapter Six: Where to from here?1.10 Difficulties and restrictions; 2 Mapping the policy issues; 2.1 What is surrogacy?; 2.1.1 What are the types of surrogacy?; 2.1.2 Parenthood and ART; 2.1.3 What is a surrogacy agreement?; 2.1.4 Empirical data; 2.2 Arguments over surrogacy; 2.2.1 Arguments against surrogacy; 2.2.2 The effects of surrogacy on the child; 2.2.3 The effects of surrogacy on the surrogate; 2.2.4 The effects of surrogacy on the intending parents; 2.2.5 The effects of surrogacy on gamete providers; 2.2.6 Arguments for surrogacy; 2.3 Reproductive tourism

2.4 'Cyber procreation' and surrogacy as a business2.5 Agencies, brokers, and intermediaries; 2.6 Fees for and cost of a surrogacy arrangement; 2.7 Concluding remarks; 3 A comparative perspective; 3.1 Introductory remarks; 3.2 Establishment of legal parentage; 3.2.1 The question of applicable law; 3.2.2 The question of recognition of foreign judgments concerning parentage; 3.2.3 The question of recognition of foreign authentic acts concerning parentage; 3.2.4 The acceptability of foreign law; Part one; Jurisdictions which are anti-surrogacy; 3.3 France; 3.3.1 Overview of domestic approach

3.3.2 Legal parenthood in the context of surrogacy3.3.3 Inter-country surrogacy and parentage; 3.3.4 Nationality of the child; 3.3.5 Birth registration and records; 3.3.6 National considerations; 3.4 Switzerland; 3.4.1 Overview of domestic approach; 3.4.2 Legal parenthood in the context of surrogacy; 3.4.3 Inter-country surrogacy and on parentage; 3.4.4 Nationality of the child; 3.4.5 Birth registration and records; 3.4.6 National considerations; 3.5 Austria; 3.5.1 Overview of domestic approach to surrogacy; 3.5.2 Legal parenthood in the context of surrogacy

3.5.3 Inter-country surrogacy and parentage3.5.4 Best interests of the child, family life, and public policy; 3.5.5 Nationality of the child; 3.5.6 Birth registration and records; 3.5.7 National considerations; Jurisdictions where surrogacy is broadly unregulated; 3.6 Belgium; 3.6.1 Overview of domestic approach to surrogacy; 3.6.2 Parenthood in the context of surrogacy; 3.6.3 Payments in surrogacy; 3.6.4 Nationality of the child; 3.6.5 Birth registration and records; 3.6.6 National considerations; 3.7 The Netherlands; 3.7.1 Overview of the domestic approach to surrogacy

3.7.2 Legal parenthood in the context of surrogacy

Notes:

Description based upon print version of record.

Includes bibliographical references.

Description based on print version record.

ISBN:

94-6274-411-4

OCLC:

957125126