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Future Directions in Surrogacy Law : Law and Policy Reform in the UK and Beyond.

De Gruyter Bristol University Press/Policy Press Complete eBook-Package 2025 Available online

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Format:
Book
Author/Creator:
Gamble, Natalie.
Contributor:
Brown, Alan.
Iliadou, Marianna.
Park-Morton, Lottie.
Tobin, Brian.
White, Alan.
Pott, Linder.
Wilson, Debbie.
Horsey, Kirsty.
Mahmoud, Zaina.
Series:
Law, Society, Policy Series
Language:
English
Physical Description:
1 online resource (307 pages)
Edition:
1st ed.
Place of Publication:
Bristol : Bristol University Press, 2025.
Summary:
This edited collection brings together a range of experts on surrogacy, at a time when the law in the UK has been fully reconsidered for the first time in generations. Society has developed significantly since surrogacy laws were first written and the existing law is out of date and no longer fit for purpose. Each chapter in this collection considers one aspect of surrogacy regulation and analyses the potential effectiveness of proposed reforms or suggests what changes should be made based on experience in other jurisdictions. This is an unprecedented contribution to the public and regulatory debate on surrogacy.
Contents:
Front Cover
Series Information
Future Directions in Surrogacy Law: Law and Policy Reform in the UK and Beyond
Copyright Page
Table of Contents
Series Editor's Preface The Law, Society, Policy series publishes high-.quality, socio-.legal research monographs and
List of Abbreviations
Glossary
Notes on Contributors
1 Introduction: Future Directions in Surrogacy Law - Law and Policy Reform in the UK and Beyond
Overview of UK surrogacy and its regulation
Calls for reform
Problems with existing UK law
International developments in surrogacy
European developments
The Hague Conference on Private International Law
International children's rights
The contribution of this edited collection
Detailed synopsis
Part I: Perspectives on the surrogacy landscape
Part II: Specific issues in the Law Commissions' recommendations
Part III: International impacts and perspectives
Conclusion
Part I Perspectives on the Surrogacy Landscape
2 From Wilful Neglect to Progressive Support: Surrogacy Law and Its Human Impact
'Surrogacy is not illegal in the UK'
Surrogacy: a self-supporting community
Single parenthood through surrogacy
The role of the surrogate partner
The problems with parental orders
The right to object
Surrogate expenses: black and white and grey
Implications counselling and legal advice
The welfare of the child
Surrogacy organisations: changing, and driving change
Progressive support for surrogacy
3 How UK Surrogates Navigate Arrangements, Processes and the Law
Introduction
Interviews with surrogates
What led to the decision to become a surrogate?
How the surrogacy journeys began
How the journey was experienced
Healthcare experiences
Expenses and payments
Ongoing relationships
Legal understandings.
The Law Commissions' proposals
'Pathway to Parenthood' and related reforms
Advertising
Expenses/.payments
Advice and reflections
4 Why UK Parents Go Overseas: The Challenges, and What it Means for UK Law Reform
Why are intended parents engaging in international surrogacy?
Where are intended parents going for surrogacy?
Legal parentage of children born through surrogacy
Can this be resolved at an international level?
The Law Commissions' approach to parentage following international surrogacy
Why did the Law Commissions step away from reform for international surrogacy?
So, what should we do? How should law reform approach international surrogacy?
Recognising parentage from birth for all children born through surrogacy
Making regulated UK surrogacy as accessible as possible
Doing everything we can to encourage ethical practice abroad
Part II Specific Issues in the Law Commissions' Recommendations
5 The Genetic Link Requirement: Reconsidering the Arguments for Double Donation
Tracing the genetic link requirement
Domestic arrangements: a departure from, and retreat to, prioritising genetic relatedness
The provisional proposals
The final recommendations
International arrangements: genetic link as a safeguard
The exceptional case
Reflections on the project
Emerging themes from the consultation project
Distinguishing between surrogacy and adoption
Inconsistency in parenthood attribution following assisted reproductive techniques
Harm to children
Identity of the child
6 Reconsidering Payments to the Surrogate: Can the 'Ambiguities' be Resolved?
Introduction.
The current law concerning payments
The Law Commissions' proposed reforms
Potential policy rationales for the regulation of payments
7 The Creation of the Surrogacy Register: A New Dawn for Children's Rights in Relation to Origin Information?
Origin information
Genetic origins
Gestational origins
Intention-.based origins
Current law on access to origin information
The proposed surrogacy register
Scope and procedure
Recorded information
Failure or inability to provide information
Age of access to information in the surrogacy register
Additional aspects of disclosure
Disclosure of the fact of surrogacy
Part III International Impacts and Perspectives
8 Comparing Surrogates' Healthcare Provision in the UK and California
The law
The UK regulatory framework
The Californian regulatory framework
Comparative empirical data
Future directions in healthcare provision
9 Surrogacy in Europe: The Findings of the ECtHR and the Law Commissions' Reform Proposals
The emerging themes
Preliminary remarks
Recognition of legal parenthood for children with genetic link
Means of establishing legal parenthood
Impact on reform proposals
Compatibility of the Law Commissions' proposals
Applicability to the UK
10 Ireland's Irreconcilable Approaches to Domestic and International Surrogacy?
A surrogacy framework for Ireland -. the long and winding road
Traditional surrogacy -. excluded from the ambit of the Irish legislation
Part 7 of the Health (Assisted Human Reproduction) Act 2024 and the 'hybrid model'
The surrogate's consent to a post-.birth parental order.
Restrictive domestic surrogacy laws -. promoting international commercial surrogacy?
The 2024 Act and international law
The Verona Principles -. international best practice
Alternative models of regulation for Ireland: looking to New Zealand and the UK
New Zealand
UK
The best way forward for Ireland?
International surrogacy -. a 'novel' Irish approach to a global dilemma
The Joint Committee -. discouraging the legally and ethically questionable
The unenviable task of legislating to regulate international surrogacy arrangements
11 Regulating Ethics: Potential Lessons from New Zealand
Surrogacy laws and guidelines in New Zealand
Early surrogacy regulation in New Zealand
The Human Assisted Reproductive Technology Act 2004 and other relevant laws
The ACART guidelines
The composition of ACART and ECART
The relevant guidelines
Relevant factors in ECART's decisions
The relationship between the parties
Considerations in relation to the surrogate
Has the surrogate finished her family?
Why does the woman wish to become a surrogate?
The woman's age and general health
Medical concerns from previous pregnancies/.births
Other medical concerns
Mental health concerns
Birth plan
Considerations in relation to the surrogate's family
The surrogate's partner
The surrogate's existing children
Considerations in relation to the intended mother (if applicable)
Medical reasons preventing successful pregnancy
Genetic considerations
Other medical considerations
Mental health conditions
Gender considerations
Considerations for wider intended family
Considerations relating to donors
Egg donors
Embryo donors
Considerations relating to resulting children
When will the child be told?
Genetic conditions.
Issues relating to termination of pregnancy
Legal considerations
Surrogacy arrangements
Payments
Birth certificate and adoption
Citizenship and residency
Previous surrogacies
Social media use
The effectiveness of the ethics committee process
The New Zealand Law Commission Review of Surrogacy
A model for other jurisdictions?
12 Epilogue: Future Directions in Surrogacy Law - Law and Policy Reform in the UK and Beyond
Index.
Notes:
Description based on publisher supplied metadata and other sources.
ISBN:
1-5292-3879-X
1-5292-3878-1
OCLC:
1509443327

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