Hunter-Henin, M (2008) Surrogacy: Is There Room for a New Liberty Between the French Prohibitive Position and the English Ambivalence? Comparisons of the French and British perspectives. In: Freeman, M, (ed.) Law and Bioethics: Current Legal Issues. (329 - 357). Oxford University Press: UK.
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Whereas Surrogacy seems to be gaining in legitimacy in Britain, France maintains a strict prohibitive position.The UK Government stated in December 2006 its intention “through revision to legislation, to clarify the extent to which not-for profit organisations may undertake activities for the facilitation of surrogacy arrangements including advertising their services”. But in France prohibition of surrogacy was restated both in the 2004 new Act on Bioethics (article 16-7 of the French Civil Code) and in most recent case law as illustrated for example by a first instance case rendered in Lille in March 2007. Surrogacy is thus no doubt one of the topics in reproductive technologies where the differences between States, and in particular between France and Britain, are the most striking. The goals of this article are twofold: firstly, to analyze and explain the origins of these stark diverging views on Surrogacy; secondly, to suggest a solution to surrogacy which could be acceptable to both legal systems and which in my view would be more respectful of individual liberties. The article will propose that surrogacy be treated as part of a fundamental liberty of women to recognize or not the child they have just given birth to. Both surrogacy arrangements and their unenforceability towards the surrogate would thus be intrinsically linked and justified.
|Title:||Surrogacy: Is There Room for a New Liberty Between the French Prohibitive Position and the English Ambivalence? Comparisons of the French and British perspectives.|
|Keywords:||Surrogacy, French Law, Right to Reproduce, Motherhood, Inalienability|
|UCL classification:||UCL > School of Arts and Social Sciences > Faculty of Laws|
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