Bioethical issues and legal frameworks of surrogacy: A global perspective about the right to health and dignity. (March 2021)

• Record Type: Journal Article
• Authors: Frati, Paola; La Russa, Raffaele; Santurro, Alessandro; Fineschi, Benedetta; Di Paolo, Marco; Scopetti, Matteo; Turillazzi, Emanuela; Fineschi, Vittorio
• Is Part Of: European journal of obstetrics, gynecology, and reproductive biology. Volume 258(2021)
• Page Start: 1
• Page End: 8
• Publication Date: 2021-03
• Subjects: ART Assisted Reproduction Treatment -- CBRC Cross-Border Reproductive Care -- ECHR European Court of Human Rights -- ESHRE European Society of Human Reproduction and Embryology -- HFEA Human Fertilisation and Embryology Authority -- IVF In Vitro Fertilization -- PACE Parliamentary Assembly of the Council of Europe -- PGD Preimplantation Genetic Diagnosis; Assisted reproduction technology -- Cross-border reproductive care -- International surrogacy -- Bioethics -- Global health policy -- Human rights; Obstetrics -- Periodicals; Gynecology -- Periodicals; Reproductive health -- Periodicals; Gynecology -- Periodicals; Obstetrics -- Periodicals; Reproduction -- Periodicals; Obstétrique -- Périodiques; Gynécologie -- Périodiques; Reproduction -- Périodiques; Verloskunde; Gynaecologie; Voortplanting (biologie); Gynecology; Obstetrics; Reproduction; Electronic journals; Periodicals; Electronic journals; 618.05
• DOI: 10.1016/j.ejogrb.2020.12.020
• Languages: English
• ISSNs: 0301-2115

Abstract

Abstract: Modern advances in assisted reproduction technology (ART) have disrupted the traditional concept of parenthood. Every year, thousands of people travel abroad from their home countries in order to circumvent restrictive legislation or to benefit from lower fees. In a similar context, surrogacy raises many bioethical and legal issues. The present paper will address the main questions arising from the debate prompted by surrogacy, focusing on international legislation, and looking critically at the different legislative models. As a result of worldwide heterogeneity in policies, legal approaches, and access to ART throughout the world, a growing number of would-be parents are seeking treatment abroad. The lack of regulation on cross-border surrogacy in low income countries can undermine the dignity and rights of women as even modest economic compensation determines a significant purchasing power. The international effort should be aimed at creating an international regulatory framework from which guidelines useful to national governments derive. An international agreement would provide a solid legal basis for the protection of surrogate women. In order to limit the economic interests linked to procreative tourism, so as to truly protect global health and women's rights, legislative uniformity is therefore necessary between the various states.