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Intercountry surrogacy and the best interest of the child


Andorno, Roberto (2018). Intercountry surrogacy and the best interest of the child. In: Neto, Luísa; Pedro, Rute Teixeira. Debatendo a procriação medicamente assistida. Porto: CIJE/FDUP, 127-136.

Abstract

The practice of surrogate motherhood raises many complex ethical, legal and social issues. This paper focuses on the challenges posed by intercountry surrogacy arrangements to domestic legislations that prohibit this practice. Many European states are today placed in a paradoxical situation regarding surrogate motherhood because they prohibit this practice on the grounds that it is both degrading and exploitative of vulnerable women, as well as contrary to the best interest of the child. However, recent jurisprudence in Europe is compelling those same states to recognize the effects of surrogacy arrangements made abroad, and to recognize the parent-child relationship. The paradox lies in the fact that this jurisprudence is also based on the best interest of the child.

Abstract

The practice of surrogate motherhood raises many complex ethical, legal and social issues. This paper focuses on the challenges posed by intercountry surrogacy arrangements to domestic legislations that prohibit this practice. Many European states are today placed in a paradoxical situation regarding surrogate motherhood because they prohibit this practice on the grounds that it is both degrading and exploitative of vulnerable women, as well as contrary to the best interest of the child. However, recent jurisprudence in Europe is compelling those same states to recognize the effects of surrogacy arrangements made abroad, and to recognize the parent-child relationship. The paradox lies in the fact that this jurisprudence is also based on the best interest of the child.

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Additional indexing

Item Type:Book Section, not_refereed, original work
Communities & Collections:04 Faculty of Medicine > Institute of Biomedical Ethics and History of Medicine
Dewey Decimal Classification:610 Medicine & health
Language:English
Date:2018
Deposited On:21 Nov 2018 15:31
Last Modified:24 Sep 2019 23:53
Publisher:CIJE/FDUP
ISBN:978-989-746-154-5
OA Status:Closed
Official URL:https://www.cije.up.pt/news/e-book-debatendo-procriaçao-medicamente-assistida

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