Surrogate pregnancy: ethical and medico‐legal issues in modern obstetrics

Burrell, Carole; O'Connor, Hannah

doi:10.1111/tog.12010

Cited by 9 publications

(9 citation statements)

References 4 publications

(3 reference statements)

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Understandably, this could cause tension between the SM and IPs. In most cases, a surrogacy agreement will have been signed prior to the birth; however, this is not mandatory, may not cover all eventualities and is not legally binding 1 3…”

Section: Discussionmentioning

confidence: 99%

“…PR is not transferred to the IPs until a parental order (if one of the IPs is an egg or sperm donor) or adoption order (if neither of the IPs is genetically related) is obtained, at least 6 weeks after the birth. Prior to this, PR, including the right to make medical decisions, may be held by a variety of individuals dependent on specific circumstances 3 4…”

Section: Introductionmentioning

confidence: 99%

“…Babies under 6 weeks old may require medical interventions for which consent is necessary, leading to legal and ethical conundrums for healthcare professionals. Formal guidance for healthcare professionals is minimal,3 and we postulated that issues surrounding consent are poorly understood by paediatric medical staff.…”

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

Consent for babies born following surrogate pregnancies

2020

View full text Add to dashboard Cite

Surrogate pregnancies are becoming more common, but the law governing who can give consent following surrogate births is complex. Parental responsibility (PR) may be held by a variety of individuals, depending on the specific circumstances.We conducted a survey of paediatric medical staff within Health Education South West to establish knowledge regarding consent for a baby before a parental or adoption order is obtained. Our results showed that 19% of the 47 respondents answered all scenarios correctly. 43% of respondents knew that the surrogate mother had PR in all scenarios; however, 13% incorrectly assumed that either intended parent always had PR. Knowledge of other individuals who could provide consent in the scenarios was variable.Our survey revealed poor understanding regarding medicolegal aspects of consent in these complex situations, emphasising the need for more specific published guidance for primary and secondary healthcare professionals encountering these babies in the early postnatal period.

show abstract

Section: Discussionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 1 more Smart Citation

Consent for babies born following surrogate pregnancies

2020

View full text Add to dashboard Cite

show abstract

“…Lack of clarity in legislation regarding what counts as reasonable expenses has raised concerns over covert surrogacy arrangements, which could drive vulnerable women and childless couples further away from potential protection. This could be avoided by respecting a woman's right to participate in surrogacy, with adequate accompanying regulations [50].…”

Section: Bakova/davcheva/mihaylova/petleshkova/dragusheva/tornyova/sementioning

confidence: 99%

Study of the attitude of Bulgarian society towards surrogacy.

Bakova¹,

Stoyanova²,

Mihaylova³

et al. 2018

biomedicalresearch

View full text Add to dashboard Cite

Aim: The dynamic and rapid development of medicine and assisted reproductive technology (ART), in particular, has opened up a whole new range of opportunities for infertile couples worldwide. In the resent years, the number of couples with reproductive problems and infertility in Bulgaria has sharply increased. For some of them surrogacy is the only chance for having a child. This calls for the introduction of new legislative, regulatory provisions concerning surrogacy agreements. This article provides an overview of the current attitudes in Bulgarian society as regards surrogate motherhood and its legalization. Materials and methods: 256 respondents, aged from 20 to 61 y (mean 36.26 ± 0.55), of whom 48.7% men and 51.3% women, took part in the anonymous survey. The questions in the survey are related to ethical, legal and social aspects of surrogacy. Results: The findings revealed a positive attitude towards surrogacy as a means of assisted reproduction, with 79.2% of all respondents sharing the opinion that it is mandatory to legalize and regularize surrogacy in Bulgaria. Conclusions: These results are important because they demonstrate generally tolerant attitudes in Bulgarian society towards surrogacy. The introduction of adequate laws and regulations will significantly facilitate assisted reproduction, and will, to a great extent, curb the some inconvenience of surrogacy whilst ensuring the protection of the rights of both the surrogate mother and the commissioning couple.

show abstract

“…In the UK, according to law, surrogacy contract is not an enforceable/ a legally binding contract and the surrogate mother is considered as the child's legal mother and has the maintenance right to keep the child (3) and her consent is required for the transfer of parental rights to the intended one(s) at least 6 weeks after the baby's birth in order to issue a decision (27,28) and the owner of the womb has the right to meet the baby in the hospital (29). Likewise, this contract is not enforceable in Australia and the transfer of parentage should not be less than 28 days and more than 6 months after the child's birth (30).…”

Section: A Glance At the Laws And Contracts Of Surrogacymentioning

confidence: 99%

Breast Milk as the Forgotten Ethical Right in Surrogacy and Suggestions for Its Recognition: Islamic Perspective, Iranian Experience

2017

View full text Add to dashboard Cite

Background: Humans have made various efforts to overcome infertility since ancient times. One of the modern assisted reproductive techniques is surrogacy which in this way; a woman agrees to become pregnant and carry a baby for another couple and give them the resulting offspring after birth so that they take paternal and maternal responsibility. The content of the contracts between the owner of the uterus and the applying couples is delivery of the baby to the intended couples that is usually determined by indicating the time "immediately after birth" or "as soon as birth" or "upon birth" when the nutritional status of the child by breastfeeding is not determined and even in other articles it has not even been considered. In Iran, according to the articles of the written surrogacy contract, surrogate has to deliver the baby to the intended couples immediately after birth, too. Therefore breastfeeding of newborn infant has been missed in surrogacy agreement. Objectives: In this study, we have attempted to defend the right to be breast-fed for the child of surrogacy and the right of the breast-feeding for the surrogate mother as rights that make others obligation in Iran. In addition, we propose an altruistic way and the acceptance of two motherly perspectives in surrogacy for the realization of this right. Methods: This study is a theoretical, review, library and content analysis study. First, a combination of key words such as Surrogacy Act, Ethics, Surrogacy Arrangement, and Breastfeeding was searched in the valid databases. Due to lack of the theme of breastfeeding in surrogacy contracts, in the second part of the study, the importance of breast milk was investigated from the medical and Islamic perspectives by searching keywords in medical database, verses of Quran and valid juridical sources and the related extracted information were categorized and their content was analyzed. Then, the right to breastfeed the baby in surrogacy was examined from the rights perspective and how to exercise this right. Results: Consideration of the importance of breastfeeding from the medical, Islamic points of view and legal perspective, breastfeeding is recognized as a right of newborn and mother's right or obligation. Surrogacy develops a mother-child relationship and is therefore liable to mother and child benefits. On the other hand, the breastfeeding right is not mentioned explicitly in surrogacy contract and this right has been missed. Conclusions: It is suggested that in surrogacy both the intended parents and the owner of the womb be provided with the necessary information about the advantages of the breast milk for the child and for the mother at the time of consulting before signing the contract. In addition, the breastfeeding right should be given to the surrogate mother and it should be stated that this right is not considered as the custody right.

show abstract

Surrogate pregnancy: ethical and medico‐legal issues in modern obstetrics

Cited by 9 publications

References 4 publications

Consent for babies born following surrogate pregnancies

Consent for babies born following surrogate pregnancies

Study of the attitude of Bulgarian society towards surrogacy.

Breast Milk as the Forgotten Ethical Right in Surrogacy and Suggestions for Its Recognition: Islamic Perspective, Iranian Experience

Contact Info

Product

Resources

About