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This essential Research Handbook provides a multifaceted exploration of surrogacy and the law, examining a variety of critical yet under-researched perspectives including globalisation, power, gender, sexual orientation, genetics, human rights and family relations.Bringing together diverse, expert contributors, this contemporary Research Handbook covers four distinct topics: surrogacy and rights, the interplay between surrogacy and different areas of the law, cross-border aspects, and regional perspectives. Building on case studies from a multitude of countries, astute authors tackle significant issues related to surrogacy in their legal context, as well as their theoretical, cultural and political complexities.The Research Handbook on Surrogacy and the Law will be a crucial resource for scholars and students specialising in family law, as well as those interested in human rights law, health law, social science and social policy. Highlighting avenues for future research and legislation, it will also be beneficial to legal practitioners and national and international policymakers in the field.
FORMATHardcover CONDITIONBrand New Author Biography
Edited by Katarina Trimmings, Professor of Law, School of Law, University of Aberdeen, UK, Sharon Shakargy, Judge Harry M. Fisher Associate Professor in Private International and Interreligious Law, Faculty of Law, Hebrew University of Jerusalem, Israel and Claire Achmad, Guest Lecturer, Department of Child Law, Faculty of Law, Universiteit Leiden, the Netherlands
Table of Contents
Contents:1 Surrogacy and the law: an introduction 1Katarina Trimmings, Sharon Shakargy and Claire AchmadPART I SURROGACY AND RIGHTS2 The significance of genetics in surrogacy 8Nola Cammu and Machteld Vonk3 Surrogacy and global justice 24Kimberly Mutcherson4 Surrogacy and the 'best interests principle' 40Claire Fenton-Glynn5 Surrogacy, intermediaries, and the sale of children 54David Smolin and Maud de Boer-Buquicchio6 Child's right to identity in surrogacy 108Mia Dambach and Nigel Cantwell7 Surrogacy and discrimination 130Nensi Sinanaj8 Surrogacy in the ECtHR and the European Institutions 151Alina Tryfonidou9 Surrogacy, feminism and LGBTQ2S+ family building 169Vanessa Gruben, Stefanie Carsley and Alicia Czarnowski10 International human rights law and the rights of women in reproductivesurrogacy: between principle and pragmatism 187Yasmine ErgasPART II INTERFACE BETWEEN SURROGACY AND DIFFERENTAREAS OF LAW11 Surrogacy and contract law 207Brian H. Bix12 Surrogacy and employment law 223Annick Masselot and Martha Ceballos13 Surrogacy and criminal law 240Ilona Cairns and Molly O'Donoghue14 Surrogacy and bioethics 263Malcolm Smith, Jayne Hewitt and Patricia FronekPART III CROSS-BORDER DIMENSIONS15 Surrogacy in private international law 283Sharon Shakargy16 Surrogacy and the Hague Conference on Private International Law 296Laura Martínez-Mora17 Nationality and immigration obstacles in cross-border surrogacy arrangements 320Michael Wells-GrecoPART IV REGIONAL PERSPECTIVES18 Western European approaches to surrogacy 340Cristina González Beilfuss19 Recent changes in Russian law on surrogacy in the Eastern European context 354Olga A. Khazova20 Surrogacy in the Anglo world: the UK, Australia, Canada and NewZealand Research handbook on surrogacy and the law 377Mary Keyes21 Surrogacy in Asia 396Elizabeth H. Aguiling-Pangalangan22 Surrogacy in the United States of America: from prohibition to permission 437Sital Kalantry23 Surrogacy in South America 454Nieve Rubaja24 Gestational surrogacy in Muslim-majority states 476Andrea Buchler and Arezoo Sang Bastian25 Surrogacy in the Pacific 492Unaisi Narawa26 Surrogacy in Africa 504Julia Sloth-Nielsen
Review
'The Handbook serves as a comprehensive attempt to shed light on this complex web and untangle the variety of issues that characterize it. It offers a robust reading package and a valuable snapshot of current thinking in this area. It also stands as a reminder of how many different legal fields we, in fact, must evaluate when the legal aspects of surrogacy are under scrutiny.' -- Katja Karjalainen, International Journal of Law, Policy and The Family'This Research Handbook is an excellent comprehensive source of information on different facets of surrogacy, including its human-rights and ethical implications, family, contract, labor, criminal, constitutional and private international law dimensions. It provides an expert analysis of a broad scale of legislative approaches and covers African, Muslim, Eastern and Western European and common law jurisdictions.' -- Masha Antokolskaia, Vrije Universiteit Amsterdam, the Netherlands'This Research Handbook is a welcome and important contribution to the fast-changing field of the law of surrogacy. Bringing together experts from around the globe, it provides not only national and regional perspectives but also, and perhaps more importantly, highlights the connections of surrogacy with other areas of law and especially human rights as well as the cross-border dimensions of surrogacy. It thus delivers a highly stimulating package of contemporary information and debate for anyone who is interested in this area of law.' -- Jens M. Scherpe, Aalborg University, Denmark'The Research Handbook on Surrogacy and the Law is a refreshing and timely analysis of significant legal issues relating to surrogacy in the global context. The 26 chapters cover a wide range of topics, including discrimination, genetics, and global justice. With its admirable exploration of the theoretical, cultural and political complexities of surrogacy, the book offers a rich understanding of the field.' -- Naomi Cahn, University of Virginia School of Law, US'The Research Handbook on Surrogacy and the Law is an incredibly valuable resource for anyone interested in surrogacy developments. It provides a comprehensive international examination of the ethical challenges underlying surrogacy practices, the complex questions of cross-border recognition, the interplay of public and private law, and emerging global norms on the protection of children's rights and the interests of intended parents, gestational carriers, and genetic progenitors.' -- June Carbone, University of Minnesota, US'This wide-ranging Research Handbook provides a noteworthy addition to the growing literature exploring legal responses to surrogacy as a global phenomenon. Using national, transnational, international and comparative perspectives, the contributors elucidate the challenges raised and responses developed across different legal cultures to this difficult and complex issue.' -- Gillian Douglas, King's College London, UK
Details ISBN1802207643 Author Claire Achmad Publisher Edward Elgar Publishing Ltd Series Research Handbooks in Family Law series Year 2024 ISBN-13 9781802207644 Format Hardcover Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom Edited by Claire Achmad Audience Professional & Vocational Pages 546 DEWEY 346.017 Publication Date 2024-03-15 UK Release Date 2024-03-15 We've got this
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