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From Baby M to Baby M(anji): Regulating International Surrogacy Agreements
THE JOURNAL OF LAW & POLICY (2016, forthcoming). (2016)
  • yehezkel Margalit
Abstract

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known and longstanding debate concerning domestic surrogacy, a new ethical and legal debate has emerged concerning international surrogacy agreements. One aspect of this debate, which I will explore in this paper, is that international surrogacy requires a more robust regulatory regime. I will articulate a variety of solutions to effectuate this regulatory regime and will enumerate the advantages and disadvantages of these solutions. Against this background, I propose a Hague international convention to regulate international surrogacy agreements, similar to the existing Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption. Notwithstanding my support of a Hague convention, this alone will be insufficient to address some of the issues raised by international surrogacy. Therefore, in addition to a Hague convention to regulate international surrogacy, I propose the implementation of domestic regulation similar to the proposed 2010 Indian Assisted Reproductive Technology (Regulation) Bill and Rules or Israel’s 2012 expert committee recommendations and 2014 proposed regulation.

Keywords
  • Family Law,
  • Contract Law,
  • surrogate mother,
  • Surrogacy Contract/Agreement,
  • Hague convention,
  • Surrogate Mother,
  • Surrogacy,
  • Intended Parent,
  • Intentional Parenthood,
  • international/cross-borders/transnational surrogacy,
  • fertility tourism,
  • India,
  • Israel,
  • regulation.
Publication Date
2016
Citation Information
yehezkel Margalit. "From Baby M to Baby M(anji): Regulating International Surrogacy Agreements" THE JOURNAL OF LAW & POLICY (2016, forthcoming). (2016)
Available at: http://works.bepress.com/hezi_margalit/14/