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

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 Society has developed significantly since surrogacy laws were first written and the existing law is out of date and no longer fit for purpose.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