In fact, for example, in Argentina and Colombia judges have recognized the validity of the agreements, sometimes by making reference to the best interests of the child principle. In contrast, on the other hand, in the absence of an express prohibition, other courts allow for intentional parenthood. On the one hand, judges may consider surrogacy agreements void because of lack of contractual object or its illegality: body parts and humans cannot be traded. This means that, where surrogacy agreements are celebrated, its validity is left to judicial discretion. 7 Thus, legal uncertainty is the rule in Latin America. 6 In most of the rest of the region, however, the legal status of surrogacy agreements is uncertain: it is neither expressly prohibited nor permitted. 5 Brazil has two resolutions allowing for altruistic surrogacy. Some states in Mexico allow for both commercial and altruistic surrogacy. In Latin America, the legal regulation of surrogacy is not uniform. Finally, in many countries, the legal status of surrogacy is uncertain: it is not expressly prohibited nor permitted. 4 In turn, a few countries allow for both altruistic and commercial surrogacy. Some countries completely ban it 3 others only allow for altruistic surrogacy-sometimes accompanied by payment of ‘reasonable expenses’ to the surrogate. The legal status of surrogacy varies across countries and regions. 2 Thus, parenthood need no longer be only a biological fact, but a socially constructed status derived from the consent and the intention to become a parent. The legal recognition of surrogacy entails that the model of parenthood by intent is a possible basis of a parent-child legal relationship. Traditionally, the law recognized natural parentage and adoption as the two models of a parent–child legal relationship. Surrogacy requires changes in the legal regulation of parentage and challenges traditional accounts of motherhood, parenthood, pregnancy, and the family. In addition, surrogacy may be altruistic or commercial, depending on whether the surrogate gets paid for her labor. In turn, in ‘gestational surrogacy’, a fertilized egg is implanted in the surrogate. In ‘traditional surrogacy’, the surrogate contributes with her own egg. It is a practice through which a woman, by prior agreement with the intended parent(s), intentionally becomes pregnant, carries, and gives birth to a child that she does not pretend to parent. Surrogacy is a contentious yet widely used technology for reproduction.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |