Surrogacy : is it harder to relinquish genes?

Trowse, Pip (2011) Surrogacy : is it harder to relinquish genes? Journal of Law and Medicine, 18(3), pp. 614-633.

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Surrogacy has produced some positive outcomes creating an opportunity for otherwise childless couples to live their dream of parenthood. However it has also been problematic, particularly where the surrogate mother fails to relinquish a child born as a result of the surrogacy arrangement. This article examines whether a surrogate mother, who is genetically related to the child she delivers, is less likely to relinquish the child than one who has no genetic ties. An examination of empirical evidence provides support for this argument. Legislation and case law in three jurisdictions, Australia, the United States and the United Kingdom, is examined to determine which, if any, of these jurisdictions take into account the existence, or otherwise, of a genetic link between the surrogate mother and the child she bears. The article concludes that surrogacy legislation should, subject to exceptional circumstances, encourage surrogacy arrangements where the child and the surrogate are not genetically related.

Impact and interest:

6 citations in Scopus
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ID Code: 45775
Item Type: Journal Article
Refereed: Yes
Keywords: Surrogacy, relinquish, surrogate mother
ISSN: 1320-159X
Subjects: Australian and New Zealand Standard Research Classification > MEDICAL AND HEALTH SCIENCES (110000) > PAEDIATRICS AND REPRODUCTIVE MEDICINE (111400) > Reproduction (111404)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Copyright Owner: Copyright 2011 Thomson Reuters (Australia/NZ)
Deposited On: 20 Nov 2011 22:39
Last Modified: 14 Feb 2015 00:22

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