Chapter

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

Myriam Hunter-Henin

in Law and Bioethics

Published in print October 2008 | ISBN: 9780199545520
Published online January 2009 | e-ISBN: 9780191721113 | DOI: http://dx.doi.org/10.1093/oso:acprof/9780199545520.003.0018

Series: Current Legal Issues

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

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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

Chapter.  15805 words. 

Subjects: Medical and Healthcare Law

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