Surrogacy with cross-border effects: Reality and law
This paper analyzes a topic which is highly ranked in law reviews throughout the world, due to the fact that gestational surrogate motherhood as a fact of life is subjected to very different legal regulation worldwide. Taking advantage of the lack of an international legal framework in this domain a...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2012-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| Subjects: | |
| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791204097B.pdf |
| _version_ | 1818657096659369984 |
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| author | Bordaš Bernadet |
| author_facet | Bordaš Bernadet |
| author_sort | Bordaš Bernadet |
| collection | DOAJ |
| description | This paper analyzes a topic which is highly ranked in law reviews throughout the world, due to the fact that gestational surrogate motherhood as a fact of life is subjected to very different legal regulation worldwide. Taking advantage of the lack of an international legal framework in this domain and the permissive national regulations of some states, persons who want to become parents of a child who is genetically related to them, use the services of surrogate mothers abroad. The legal parenthood the commissioning persons acquire in the country where the surrogate mother gives birth to the child, and the connected legal status of the child, however, is called into question, because the effects of the international surrogacy are submitted to the rules of private international law of the local state whose nationals the commissioning persons are and / or where they have their residence. The problems are shown through three selected cases of comparative judicial and administrative practices, illustrating the practical difficulties, and speaking in favor of initiatives for drawing up international legal framework for gestational surrogacy with cross-border effects. |
| first_indexed | 2024-12-17T03:36:03Z |
| format | Article |
| id | doaj.art-b9653809bf1e44608800cfd748774d70 |
| institution | Directory Open Access Journal |
| issn | 0550-2179 2406-1255 |
| language | English |
| last_indexed | 2024-12-17T03:36:03Z |
| publishDate | 2012-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj.art-b9653809bf1e44608800cfd748774d702022-12-21T22:05:07ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552012-01-014649711710.5937/zrpfns46-30250550-21791204097BSurrogacy with cross-border effects: Reality and lawBordaš Bernadet0University of Novi Sad, Faculty of Law, Novi Sad, SerbiaThis paper analyzes a topic which is highly ranked in law reviews throughout the world, due to the fact that gestational surrogate motherhood as a fact of life is subjected to very different legal regulation worldwide. Taking advantage of the lack of an international legal framework in this domain and the permissive national regulations of some states, persons who want to become parents of a child who is genetically related to them, use the services of surrogate mothers abroad. The legal parenthood the commissioning persons acquire in the country where the surrogate mother gives birth to the child, and the connected legal status of the child, however, is called into question, because the effects of the international surrogacy are submitted to the rules of private international law of the local state whose nationals the commissioning persons are and / or where they have their residence. The problems are shown through three selected cases of comparative judicial and administrative practices, illustrating the practical difficulties, and speaking in favor of initiatives for drawing up international legal framework for gestational surrogacy with cross-border effects.http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791204097B.pdfsurrogate mothercross-border effects of surrogate motherhoodlegal parentslegal parentage acquired abroad |
| spellingShingle | Bordaš Bernadet Surrogacy with cross-border effects: Reality and law Zbornik Radova: Pravni Fakultet u Novom Sadu surrogate mother cross-border effects of surrogate motherhood legal parents legal parentage acquired abroad |
| title | Surrogacy with cross-border effects: Reality and law |
| title_full | Surrogacy with cross-border effects: Reality and law |
| title_fullStr | Surrogacy with cross-border effects: Reality and law |
| title_full_unstemmed | Surrogacy with cross-border effects: Reality and law |
| title_short | Surrogacy with cross-border effects: Reality and law |
| title_sort | surrogacy with cross border effects reality and law |
| topic | surrogate mother cross-border effects of surrogate motherhood legal parents legal parentage acquired abroad |
| url | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2012/0550-21791204097B.pdf |
| work_keys_str_mv | AT bordasbernadet surrogacywithcrossbordereffectsrealityandlaw |