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Surrogacy: The legal and ethical imp...

Foxcroft, Lynne,

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Surrogacy: The legal and ethical implications /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Surrogacy: The legal and ethical implications // Lynne Foxcroft.
Author:	Foxcroft, Lynne,
Description:	1 electronic resource (430 pages)
Notes:	Source: Dissertations Abstracts International, Volume: 79-12, Section: C.
Contained By:	Dissertations Abstracts International79-12C.
Subject:	Obstetrics. -
Online resource:	https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=10867575
ISBN:	9780438043718

Surrogacy: The legal and ethical implications /
Foxcroft, Lynne,

Surrogacy: The legal and ethical implications /Lynne Foxcroft. - 1 electronic resource (430 pages)

Source: Dissertations Abstracts International, Volume: 79-12, Section: C.

Surrogacy, as a means of circumventing female infertility, has developed so far with minimal State regulation, and consequently a number of disputed agreements have created public disquiet. This begs the question of the State's response to surrogacy - should it be prohibited, allowed complete freedom, or permitted with regulation? This thesis tests the hypothesis that surrogacy cannot be prohibited, and should be allowed with sufficient controls to protect those at risk. Surrogacy is examined within the context of the relevant legal and ethical issues, and it is argued that the problems raised by surrogacy are not adequately addressed by existing legal models, and finally, a legislative response is formulated. The relevant ethical issues are considered within the context of common morality and the teachings of major religions, concluding that the only acceptable justification for regulation is the protection of the participants and of intrinsic human values. State control raises the issue of the infringement of the individual's fundamental rights (an issue at the heart of the surrogacy debate). The resolution of the problems raised by surrogacy may be based on the identification and prioritisation of human rights, and these are considered within the context of the US and UK Constitutions. It is concluded that, on public policy grounds, and in order to protect the autonomy of the individual, surrogacy cannot be prohibited but that controls may be justified. If surrogacy is allowed subject to regulation, what form should it take? Surrogacy in the UK is not directly regulated, and subsequent problems may arguably be resolved by applying contract and family law models. The thesis examines the appropriateness of the contract model, but rejects it, because, although a surrogacy agreement appears to contain the essential ingredients of a contract, public policy issues and enforcement difficulties make it an inappropriate means of regulation. The commercial ethos of contract law is inconsistent with the issues of ethics and policy which require that a child (the subject matter of the 'contract') should not be bought and sold, neither should it be forcibly removed from its birth mother. The family law model is the means by which UK law currently resolves disputed surrogacies yet it is not specifically designed to regulate surrogacy. Family law in the UK also, to some extent, discourages and militates against the practice, firstly, in certain circumstances, by preventing the commissioning couple from establishing themselves as the child's parents, even though they may be its genetic parents, and secondly, by treating them as 'strangers' to the child when they try to establish their parental responsibility. Family law provisions are, therefore, inadequate to meet the challenge of surrogacy. The thesis then considers how surrogacy may be effectively regulated. Various models are examined, both within the context of current UK regulation and the Brazier Review proposals, concluding that current regulation is patchy and haphazard, and that the Brazier proposals do not go far enough. A legislative model is then suggested which would regulate surrogacy from before the finalisation of the agreement, to the assumption of parental responsibility by the commissioning couple.

English

ISBN: 9780438043718Subjects--Topical Terms:

634501
Obstetrics.
Subjects--Index Terms:

Family law

Surrogacy: The legal and ethical implications /
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520 $a Surrogacy, as a means of circumventing female infertility, has developed so far with minimal State regulation, and consequently a number of disputed agreements have created public disquiet. This begs the question of the State's response to surrogacy - should it be prohibited, allowed complete freedom, or permitted with regulation? This thesis tests the hypothesis that surrogacy cannot be prohibited, and should be allowed with sufficient controls to protect those at risk. Surrogacy is examined within the context of the relevant legal and ethical issues, and it is argued that the problems raised by surrogacy are not adequately addressed by existing legal models, and finally, a legislative response is formulated. The relevant ethical issues are considered within the context of common morality and the teachings of major religions, concluding that the only acceptable justification for regulation is the protection of the participants and of intrinsic human values. State control raises the issue of the infringement of the individual's fundamental rights (an issue at the heart of the surrogacy debate). The resolution of the problems raised by surrogacy may be based on the identification and prioritisation of human rights, and these are considered within the context of the US and UK Constitutions. It is concluded that, on public policy grounds, and in order to protect the autonomy of the individual, surrogacy cannot be prohibited but that controls may be justified. If surrogacy is allowed subject to regulation, what form should it take? Surrogacy in the UK is not directly regulated, and subsequent problems may arguably be resolved by applying contract and family law models. The thesis examines the appropriateness of the contract model, but rejects it, because, although a surrogacy agreement appears to contain the essential ingredients of a contract, public policy issues and enforcement difficulties make it an inappropriate means of regulation. The commercial ethos of contract law is inconsistent with the issues of ethics and policy which require that a child (the subject matter of the 'contract') should not be bought and sold, neither should it be forcibly removed from its birth mother. The family law model is the means by which UK law currently resolves disputed surrogacies yet it is not specifically designed to regulate surrogacy. Family law in the UK also, to some extent, discourages and militates against the practice, firstly, in certain circumstances, by preventing the commissioning couple from establishing themselves as the child's parents, even though they may be its genetic parents, and secondly, by treating them as 'strangers' to the child when they try to establish their parental responsibility. Family law provisions are, therefore, inadequate to meet the challenge of surrogacy. The thesis then considers how surrogacy may be effectively regulated. Various models are examined, both within the context of current UK regulation and the Brazier Review proposals, concluding that current regulation is patchy and haphazard, and that the Brazier proposals do not go far enough. A legislative model is then suggested which would regulate surrogacy from before the finalisation of the agreement, to the assumption of parental responsibility by the commissioning couple.
546 $a English
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650 4 $a Obstetrics. $3 634501
650 4 $a Law. $3 600858
650 4 $a Medical ethics. $3 526828
653 $a Family law
653 $a Infertility
690 $a 0380
690 $a 0398
690 $a 0497
710 2 $a The University of Manchester (United Kingdom). $b School of Law. $e degree granting institution. $3 3815529
773 0 $t Dissertations Abstracts International $g 79-12C.
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