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quarta-feira, 29 de janeiro de 2014

Article: Cross-Border Surrogacy: Time for a Convention?

University of Munich - Center for International Law

October 31, 2013

Dethloff et al. (eds.): Family Law and Culture in Europe: Developments, Challenges and Opportunities; Proceedings of the Fifth Conference of the Commission on European Family Law; Intersentia 2014, Forthcoming 

Abstract:

As the law of parentage is striving to meet the challenges of new reproductive technologies, dealing with cross-border surrogacies emerges as one of the most pressing topics in international family law. The current legal situation as regards surrogacy is quite diverse – throughout the world but also within Europe. Legal diversity has recently made a lot of people engage in so-called “procreative tourism”: Coming from a country with a rather strict approach, they commission women in one of the more liberal countries to carry a child for them, and once the baby is born, they try to take it to their home country, thereby obviating the surrogacy ban that prevents them from entrusting a surrogate mother at home. European courts struggle with a coherent approach on how to treat those citizens who went abroad to have a baby. Meanwhile, legal research and the Hague Conference on Private International Law think about a convention in order to ease cross-border recognition of surrogacy.

Number of Pages in PDF File: 22

Disponível em: <http://ssrn.com/abstract=2348270>. Acesso em 27 jan. 2014.

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