<i>‘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.’</i>

- Katja Karjalainen, International Journal of Law, Policy and The Family,

<i>'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.'</i>

- Masha Antokolskaia, Vrije Universiteit Amsterdam, the Netherlands,

<i>‘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.’</i>

- Jens M. Scherpe, Aalborg University, Denmark,

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<i>‘The </i>Research Handbook on Surrogacy and the Law<i> 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.’</i>

- Naomi Cahn, University of Virginia School of Law, US,

<i>‘The </i>Research Handbook on Surrogacy and the Law<i> 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.’</i>

- June Carbone, University of Minnesota, US,

<i>‘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.’<i></i></i>

- Gillian Douglas, King's College London, UK,

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.

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Contents: 1 Surrogacy and the law: an introduction 1 Katarina Trimmings, Sharon Shakargy and Claire Achmad PART I SURROGACY AND RIGHTS 2 The significance of genetics in surrogacy 8 Nola Cammu and Machteld Vonk 3 Surrogacy and global justice 24 Kimberly Mutcherson 4 Surrogacy and the ‘best interests principle’ 40 Claire Fenton-Glynn 5 Surrogacy, intermediaries, and the sale of children 54 David Smolin and Maud de Boer-Buquicchio 6 Child’s right to identity in surrogacy 108 Mia Dambach and Nigel Cantwell 7 Surrogacy and discrimination 130 Nensi Sinanaj 8 Surrogacy in the ECtHR and the European Institutions 151 Alina Tryfonidou 9 Surrogacy, feminism and LGBTQ2S+ family building 169 Vanessa Gruben, Stefanie Carsley and Alicia Czarnowski 10 International human rights law and the rights of women in reproductive surrogacy: between principle and pragmatism 187 Yasmine Ergas PART II INTERFACE BETWEEN SURROGACY AND DIFFERENT AREAS OF LAW 11 Surrogacy and contract law 207 Brian H. Bix 12 Surrogacy and employment law 223 Annick Masselot and Martha Ceballos 13 Surrogacy and criminal law 240 Ilona Cairns and Molly O’Donoghue 14 Surrogacy and bioethics 263 Malcolm Smith, Jayne Hewitt and Patricia Fronek PART III CROSS-BORDER DIMENSIONS 15 Surrogacy in private international law 283 Sharon Shakargy 16 Surrogacy and the Hague Conference on Private International Law 296 Laura Martínez-Mora 17 Nationality and immigration obstacles in cross-border surrogacy arrangements 320 Michael Wells-Greco PART IV REGIONAL PERSPECTIVES 18 Western European approaches to surrogacy 340 Cristina González Beilfuss 19 Recent changes in Russian law on surrogacy in the Eastern European context 354 Olga A. Khazova 20 Surrogacy in the Anglo world: the UK, Australia, Canada and New Zealand Research handbook on surrogacy and the law 377 Mary Keyes 21 Surrogacy in Asia 396 Elizabeth H. Aguiling-Pangalangan 22 Surrogacy in the United States of America: from prohibition to permission 437 Sital Kalantry 23 Surrogacy in South America 454 Nieve Rubaja 24 Gestational surrogacy in Muslim-majority states 476 Andrea Büchler and Arezoo Sang Bastian 25 Surrogacy in the Pacific 492 Unaisi Narawa 26 Surrogacy in Africa 504 Julia Sloth-Nielsen
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Produktdetaljer

ISBN
9781802207644
Publisert
2024-03-15
Utgiver
Edward Elgar Publishing Ltd; Edward Elgar Publishing Ltd
Høyde
244 mm
Bredde
169 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
546

Om bidragsyterne

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