As a result of this case the debate within india

This preview shows page 20 - 22 out of 88 pages.

temporarily given custody over the baby. As a result of this case the debate within India about surrogacy has intensified. In the controversy that followed, several infirmities in the arrangement came to light including the absence of a legal contract between the parties, a fact that many saw as a worrying reminder of the potential for exploitation of native surrogates. These problems exist because surrogacy contracts are often not clear and hold no legal value. Futhermore, some countries lack specific surrogacy legislation. Those that do have these laws often fail to implement or enforce them. An explanation for this lies probably in the assumption that up until now, medical technology, especially reproductive technology, needed no justification. Its 'benevolent' nature was taken for granted. However with the commercialization of surrogacy, social, demographic, ethical, legal and philosophical issues have been raised. As the debates have shown, these developments have the ability to alter not only the face, but the very soul of human civilization. It might bring about the restructuring of society on lines of a 'reproductive brothel model' in which ‗women can sell reproductive capacities the same way old time prostitutes sold sexual ones‘ (Ravindra, 1992). Currently, in the US, due to the fact that few states have developed legislation, disputes over surrogate parenting often go to court (Markens, 2007). Therefore, clear and enforceable laws should be implemented. 2.4 Legal issues Nowadays, a parent‘s surrender of a child for a fee, known as baby selling, is a crime all over the world. In addition, many countries have regulations limiting or prohibiting compensation of intermediaries related to the transfer of a child (Field, 1990). Although gestational surrogacy is (partially) legal in several countries around the globe, in most jurisdictions it is not.
Surrogate Motherhood- Ethical or Commercial Centre for Social Research (CSR) 21 Going to another country to avoid local prohibitions is not always an option. Sometimes the nation‘s provisions apply only to that country‘s residents. People who want to take advantage of the laws in that particular country must therefore first establish residency there. The surrogacy map of the world is enclosed here to give a better understanding of the legal provisions across the globe. The countries marked in red shows nations that (partially) allow surrogacy agreements. The different (sub) continents are discussed below. North America An estimated 25,000 surrogate babies were born in the US from 1976 to 2007. A typical payment for a surrogate ranges from between US$ 20,000 and US$25,000. States that allow but regulate surrogacy are: California, Arkansas, Florida, Illinois, Nevada, New Hampshire, Texas, Utah and Virginia. Commercial surrogacy in Canada has been illegal since 2004, although altruistic surrogacy is allowed.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture