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OUTSOURCING ETHICAL DILEMMAS: REGULATING INTERNATIONAL SURROGACY ARRANGEMENTS.

Accepted version
Peer-reviewed

Repository DOI


Type

Article

Change log

Authors

Fenton-Glynn, Claire 

Abstract

This article argues that the English legislative regime is ineffective in regulating international surrogacy, particularly with regard to commercial payments. It suggests that if English law views surrogacy as exploitative, we have a responsibility to protect women both in England and abroad, and the only way to do so effectively is to create a domestic system of regulation that caters adequately for the demand in this country. This requires a system of authorisation for surrogacy before it is undertaken; ex-post facto examinations of agreements completed in other jurisdictions, after the child is already living with the commissioning parents, cannot be seen as an acceptable compromise, as authorisation will inevitably be granted in the child's best interests.

Description

Keywords

Best interests of the child, Human Fertilisation and Embryology Act 2008, International surrogacy, Medical tourism, Commerce, England, Female, Humans, Internationality, Medical Tourism, Outsourced Services, Pregnancy, Surrogate Mothers

Journal Title

Med Law Rev

Conference Name

Journal ISSN

0967-0742
1464-3790

Volume Title

24

Publisher

Oxford University Press (OUP)