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Law and BioethicsCurrent Legal Issues Volume 11$
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Michael Freeman

Print publication date: 2008

Print ISBN-13: 9780199545520

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199545520.001.0001

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Surrogacy: Is there Room for a New Liberty Between the French Prohibitive Position and the English Ambivalence? 1

Surrogacy: Is there Room for a New Liberty Between the French Prohibitive Position and the English Ambivalence? 1

Chapter:
(p.329) 18 Surrogacy: Is there Room for a New Liberty Between the French Prohibitive Position and the English Ambivalence?1
Source:
Law and Bioethics
Author(s):

Myriam Hunter-Henin

Publisher:
Oxford University Press
DOI:10.1093/oso:acprof/9780199545520.003.0018

This chapter compares the French and English perspectives on surrogacy. If similar fears and concerns have been voiced in both countries, the legal reaction in each country differs greatly. The chapter also seeks a solution to surrogacy that could be acceptable to both legal systems and that would be more respectful of individual liberties than the current pragmatic English approach or the present repressive French position. It shows that surrogacy should be treated as part of the fundamental liberty of women to recognize the child they have just given birth to (which would imply that the surrogate is allowed to renege) or not (thus confirming in the context of surrogacy the pregnant woman's initial intention to give the child away to the commissioning couple). Surrogacy and its unenforceability would thus be intrinsically linked and justified on the basis of principles rather than moral imperatives or the assumptions of ‘nature’.

Keywords:   surrogacy, France, Britain, bioethics, regulation

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