scholarly journals Human trafficking and surrogate motherhood: challenges

2021 ◽  
pp. 35-43
Author(s):  
Viktor Checherskiy
Keyword(s):  
Human Trafficking ◽  
Geographical Location ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Reproductive Capacity ◽  
General Description ◽  
Human Beings ◽  
Surrogate Motherhood ◽  
Surrogate Mother ◽  
Objective Aspect

  Owing to modern scientific advances prospective parents, among other opportunities, enjoy the opportunity, which has not been available before. It consists in giving birth to a child by using another woman’s reproductive capacity when the situation seems hardly improvable. The paper examines surrogate motherhood as one of the reproductive methods through the prism of human trafficking. It aims at studying and differentiating such legal phenomena as the sale of human beings and surrogate motherhood, which is provided primarily on a paid-for basis, whose consequences (transferring irrevocably a child from one person to another), are externally similar. The comparative legal and formal legal methods have been employed to provide a general description of international experience in regulating surrogate motherhood. Examples of absolutely opposite ways of pursuing state policy on the legalization of this type of reproductive methods in foreign countries are suggested: from a complete ban to legislative approval and even further simplification of the applying procedure. It has been proved that there is no connection between acknowledgement of the legality of this procedure and the geographical location of states, the level of their economic development, the specifics of the legal system, and the like. It has been stated that none of the countries can be considered a universal example of solving these issues. Based on the example of Ukrainian legislation, the author suggests distinguishing between the objective aspect of selling human beings and surrogate motherhood, which is provided, first of all, for a fee. It is emphasized that due to the peculiarities of reproductive technologies only a child should be the object of trade, not a person’s gametes, zygote, embryo or fetus. When a child is sold, in view of the objective aspect, the child is illegally transferred from one person to another. In legal surrogate motherhood agreements the object of the agreement concluded between the surrogate mother and the future parents is not the child, but the service related to embryo implantation, pregnancy and childbirth, id est, a long process. Based on criminal law, there have been modelled the peculiarities of surrogate motherhood and its assessment used in determining the signs of human trafficking largely depending on genetic relationship between a child and customers (potential parents), as well as a child and a surrogate mother. The mental element making the distinction between surrogacy and the trafficking of newborns is described. It is emphasized that qualifying as «trafficking in human beings» necessitates the proof of direct intent to unlawfully «transfer» a child, primarily in return for a fee. It has been concluded that the legal regulation of surrogacy requires further improvement and consolidation at the legislative level. Investigators and prosecutors should investigate all the circumstances that were associated with the surrogacy methods applied in order to establish whether child trafficking occurred in each specific case.

scholarly journals THE RIGHTS TO SURROGATE MOTHERHOOD FOR SAME-SEX PARTNERSHIPS

2020 ◽  
Author(s):  
Оксана Покальчук
Keyword(s):  
Assisted Reproductive Technology ◽  
Scientific Community ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Reproductive Technology ◽  
Same Sex ◽  
Surrogate Motherhood ◽  
Surrogate Mother ◽  
Donor Material

The growing populist sentiment in society and, as a consequence, the reactive adoption of new restrictive legal acts that discriminate and unjustifiably restrict citizens' rights, is a major challenge for the scientific community and human rights in Ukraine. The issue of reproductive rights is one of the most important elements of common discriminatory and often unscientific narratives both in the EU and in Ukraine. Therefore, the scientific community has to take up this challenge and, by examining and exploring the various aspects of the right to reproduce, uphold the rule of science and the rights of Ukrainans, especially in this domain. Surrogate motherhood is always used in combination with other methods of assisted reproductive technology. Thus, surrogate motherhood, as a method of treatment, is burdened not only with legal uncertainty, but also with additional necessary steps (taking donor material, instrumental insemination, etc.) that precede assisted gestation.It is believed that all assisted reproductive technologies, including surrogacy, are treatment methods; therefore, their use cannot in any way depend on a person's social status, including gender self-identification, the fact of marriage or same-sex partnership.The list of medical grounds for surrogate motherhood is defined in the Order of the Ministry of Health of Ukraine On Approval of the Procedure for the Use of Assisted Reproductive Technologies in Ukraine. However, we emphasize that the list should be expanded to include diagnoses of transsexuality and other gender identity disorders according to the International Classification of Diseases. Thus, according to item 10 ofthe Unified Clinical Protocol of Primary, Secondary (Specialized) and Tertiary (Highly Specialized) Medical Care: Gender Dysphoria, reproduction opportunities for FtM patients may include freezing of oocytes (eggs) or embryos. Frozen gametes and embryos can later be used for delivery by a surrogate mother. The question stands whythis possibility is not considered in the protocol for the MtF transition with the subsequent possibility of delivery by a surrogate mother. Obviously, with the MtF transition, even with gender reassignment surgery, including the operation the genitals, the woman is not capable of independent childbearing. Such a woman can thus exerciseher right to reproduction only by fertilizing a donor egg with her sperm and then having the embryo that is genetically hers carried to term by a surrogate mother. The issue of male identity for the origin of the donor material (sperm) also needs separate legal regulation. However, in our opinion, this social group should not be discriminated against in access to surrogate motherhood as an assisted reproductive technology.

scholarly journals Reproductive Rights and Surrogate Motherhood: Legislative, Doctrinal and Bioethical Principles

2020 ◽  
Vol 11 (11) ◽  
pp. 69-73
Author(s):  
Onyshchuk I. I.
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Not Given ◽  
Human Beings ◽  
Surrogate Motherhood ◽  
Surrogate Mothers ◽  
Trafficking In Human Beings

The sphere of reproductive rights is still beyond the scope of a thorough legal analysis, and it is not given due attention in the legal literature. This may be due to the fact that the concept of reproductive rights is new to Ukrainian law and has not yet found its proper place in the general system of law. There is a lack of scientific development in the issue of protection of the rights of the child to birth, trafficking in human beings for the purpose of exploiting surrogate mothers or children born as a result of surrogate motherhood, etc. The purpose of the study is to analyze the legislative, doctrinal and moral aspects of reproductive rights and to identify effective legal measures to improve the legal regulation of surrogate motherhood in Ukraine and the proper legal protection of the child before and after birth. Experimenting with human gene material as a conception in vitro turns children into a commodity. There is an artificial situation in which wealthy men will hire women to provide contracting services to their offspring. It is difficult to disagree that in surrogate motherhood, as in any business, personal financial gain dominates. So, from this point of view, surrogacy is a kind of market and business. The conception of the child is not a right, but an opportunity that is not given to all, but surrogate motherhood turns the child into an "object of economic agreement and contract, a kind of ordering of goods." The child cannot be considered as an object of property. It is unacceptable to consider the practice of surrogacy as ethical. In addition, forced commercial surrogate motherhood falls within the definition of trafficking in human beings. The issue of reproductive technology must be addressed in such a way that the child born as a result of surrogate motherhood does not fall prey to further exploitation. The author concluded that in many countries with a licensing or altruistic regime, many aspects of the use of assisted reproductive technologies and surrogate motherhood remain unregulated. There is no clear understanding of all the principles and standards governing the use of assisted reproductive technologies and surrogacy agreements. In general, the legislation lacks sufficient standards and provisions to protect the rights of parties to surrogacy agreements. The most controversial issues are the rights of the surrogate mother, the expectant parents and the children born as a result of the surrogate motherhood. At the present stage, legal adaptation of society to the development of medicine in the field of reproductive technologies has not yet taken place in Ukraine. Cases such as the birth of several children by surrogate mothers, births of a child with developmental disabilities, birth of a dead child or miscarriage, the need for an artificial interruption of pregnancy according to the medical opinion of doctors, the termination of marriage by genetic parents, the death of one or both parents. Keywords: reproductive rights, surrogacy motherhood, legal regulation, legal protection, embryo, child rights, family, surrogacy agreement.

scholarly journals New challenges in the problem of combating human trafficking in Ukraine

2021 ◽  
Vol 10 (44) ◽  
pp. 28-37
Author(s):  
Larysa Danylchuk ◽  
Danylo Yosyfovych ◽  
Yaroslav Kohut ◽  
Yuliia Todortseva ◽  
Petro Kozyra
Keyword(s):  
Theoretical Analysis ◽  
Human Trafficking ◽  
Empirical Analysis ◽  
Genetic Material ◽  
Legal Framework ◽  
Legal Regulation ◽  
Human Beings ◽  
New Challenges ◽  
Trafficking In Human Beings ◽  
Scientific Fields

The article presents the author’s results of theoretical and empirical analyzes of challenges in combating human trafficking in Ukraine. Theoretical analysis showed that human trafficking is an interdisciplinary problem and is represented by a number of studies by scientists in various scientific fields in the domestic and foreign scientific space. It has been established that currently there is no research on new challenges in combating human trafficking in Ukraine. Empirical analysis of new challenges in combating trafficking in human beings in Ukraine was carried out through the implementation of a polygon study and interpretation of the results. The obtained data outline new challenges in the problem of combating human trafficking in Ukraine, such as: use for selfish purposes, forced donation, trade in biological/genetic material, reproductive programs/surrogacy. The results suggest that the new challenges in combating human trafficking in Ukraine are a real platform for transnational crime. It was stated that such circumstances require strengthening of international cooperation in combating transnational human trafficking, legal regulation and improving the domestic legal framework with systematic and full informing of Ukrainian people about consequences and new challenges in combating human trafficking.

scholarly journals Problems of legal regulation of surrogacy mechanisms as one of the reason for the development of human trafficking

2021 ◽  
Vol 2021 (4) ◽  
pp. 37-43
Author(s):  
Yamudin Abdullaev ◽  
Andrey Diaghilev
Keyword(s):  
Public Relations ◽  
Human Trafficking ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Modern Russian

The article deals with issues related to human trafficking disguised as socially significant assisted reproductive technologies, in particular, surrogacy. The gaps in the modern Russian legislation regulating public relations in this area, creating opportunities for the implementation of criminal mechanisms for trafficking in infants, are analyzed.

scholarly journals The actors of counteraction human trafficking, their general characteristics and powers in this area

2020 ◽  
Vol 4 (4) ◽  
pp. 245-250
Author(s):  
Oleh Yemets ◽  
Dmytro Rusnak
Keyword(s):  
Human Trafficking ◽  
Law Enforcement Officers ◽  
Central Executive ◽  
General Description ◽  
Human Beings ◽  
Leading Role ◽  
Protection Of Human Rights ◽  
Trafficking In Human Beings ◽  
National Police ◽  
Functional Support

The purpose of the article is to identify the entities that carry out measures to combat trafficking in human beings in Ukraine, as well as to provide them with a general description and disclose powers in this area. In Ukraine, the law defines the entities that implement measures to counteract human trafficking, and such counteraction, in turn, is a system of measures aimed at overcoming human trafficking by preventing and combating it and helping and protection to victims of human trafficking. These entities include the President of Ukraine, the Cabinet of Ministers of Ukraine, central executive authorities, local executive bodies, foreign diplomatic missions of Ukraine, as well as institutions for assistance to victims of human trafficking. Their general powers in this area are also defined by law. The National Police of Ukraine plays a leading role in the structural and functional support of counteraction human trafficking, primarily in the combating against human trafficking. Police is part of the Ministry of internal Affairs and is the Central Executive body that serves the society by ensuring the protection of human rights and freedoms, combating crime, and maintaining public security and order. In order to provide functional support for the implementation of its tasks in the field of counteraction human trafficking, the Criminal Police has formed a separate operational unit – the Department for Combating Crimes Related to Trafficking in Human Beings. However, considering the specifics of committing such crimes, depending on the certain circumstances, other units of the National Police of Ukraine may be involved, such as the Cyberpolice Department, as well as covert ones, that is, the Department of Operational Service and the Department of Operational and Technical measures. The obtained and published results can be used by scientists in further research in this area, as well as law enforcement officers in the combating human trafficking.

scholarly journals On the issue of legal regulation of surrogate motherhood

2020 ◽  
pp. 102-108
Author(s):  
Antonina Chuprova ◽  
Nataliya Dolgushina
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Infertility Treatment ◽  
Medical Community ◽  
Surrogate Motherhood ◽  
Legislative Framework ◽  
State Programs ◽  
Protection Of Participants

The review article describes the legal basis for regulating surrogacy as one of the programs of assisted reproductive technologies, highlights the shortcomings of the Russian legal framework and the complexity of its application in cases related to surrogacy. It should be noted that currently the problem of infertility treatment, including the use of assisted reproductive technologies, is one of the priority state programs. Surrogacy, although controversial among legal scholars and medical professionals, is embedded in these programs. A significant part of the medical community notes that, despite the insignificant contribution of this program to the demography of the country, the ambiguity of ethical aspects, the use of this method of infertility treatment should not be underestimated. At the same time, it is necessary to improve the legislative framework governing the institution of surrogate motherhood, which will ensure the protection of participants in these legal relations.

scholarly journals Surrogate (Replacement) Motherhood or should the uterus be rented?

Pannoniana ◽  
2019 ◽  
Vol 3 (1-2) ◽  
pp. 214-238
Author(s):  
Dejan Donev
Keyword(s):  
Assisted Reproductive Technologies ◽  
Human Life ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Test Tube ◽  
Surrogate Motherhood ◽  
Making A Difference ◽  
Marriage Partnership ◽  
And Gender ◽  
Material Conditions

Abstract After the birth of the “test-tube baby,” the triumphant success of reproductive technologies has dramatically accelerated scientific research in many fields and given hope to couples struggling with the problem of infertility. However, at the same time, new and numerous moral, ethical, bioethical, legal, social, cultural, and gender dilemmas and controversies have been imposed, especially in countries where trends of negative population growth are increasingly emphasized. These assisted reproductive technologies are making a difference, and not just from the aspect of medicine towards sterility. They are also profoundly affecting social and cultural patterns of marriage, partnership, parenting, and gender. Surrogate or surrogate motherhood, as part of the field of reproductive technology issues, calls for an urgent rethinking of the possibilities for institutionalized motherhood practices in contemporary society and its effects in everyday life. In other words, it is an attempt to demystify, denaturalize, and re-evaluate maternal norms, which always indicate relationships in specific material conditions of centralizing or decentralizing public or private power or sociability. However, they primarily and above all are related to the possibility of prior (bio)ethical evaluation, which would ensure sound legal regulation with respect to the possible (evil) use and commercialization of human life.

scholarly journals Inheritance Rights of a Child Born From a Surrogate Mother According to Indonesian Law

2019 ◽  
pp. 424-430
Author(s):  
Yessenia vHonandar ◽  
Shanti Hendrata ◽  
Fiona Pelafu
Keyword(s):  
Assisted Reproductive Technologies ◽  
Married Couples ◽  
Reproductive Technologies ◽  
Health Issues ◽  
Human Beings ◽  
Surrogate Mother ◽  
Illegitimate Child ◽  
The Right ◽  
Gestational Surrogacy ◽  
To Receive

Throughout the lives of human beings, starting from one’s birth to their death, one may see that rights and obligations are always present. The issue of inheritance comes up at the end of a person’s life. The division of one’s inheritance is a complex matter, especially when it comes to the right to inherit for a child that is born from a Surrogate Mother. Surrogacy procedures are a form of Assisted Reproductive Technologies that aids married couples who are unable to have an offspring naturally due to health issues or abnormalities, and therefore must be assisted by these treatments. There are two different types of Surrogacy, namely Traditional Surrogacy and Gestational Surrogacy. Traditional Surrogacy is legally allowed in Indonesia, but there are no laws that specifically regulate Gestational Surrogacy; there are however, laws that imply the prohibition of it being practiced as a method of Assisted Reproductive Technologies. According to Indonesian laws, a child born from Gestational Surrogacy is considered either an illegitimate child or a child born from adultery, thus creating a problem regarding their inheritance, for the child will be unable to receive inheritance from their parents, even though the intent of Gestational Surrogacy is to have a child for the intended parents to raise as their own. This article will discuss the legality of Gestational Surrogacy as well as the issue of inheritance for a child born by the procedure; this includes regulations that tackle the issue and hopeful solutions for the issue at hand.

scholarly journals Evolution of surrogate motherhood: legal aspect

2020 ◽  
pp. 41-46
Author(s):  
Yu.M. Yakushchenko
Keyword(s):  
Assisted Reproductive Technologies ◽  
Legal Aspect ◽  
Reproductive Technologies ◽  
Modern Method ◽  
Legal Regulation ◽  
Ancient Egypt ◽  
Surrogate Motherhood ◽  
Vitro Fertilization ◽  
History Of

The article deals with the study of the history of surrogate motherhood in the world, since the study of the origin of surrogacy and the history of its legal regulation will allow gaining greater insight into the legal nature of this phenomenon. The main periods of development of legislation in the field of surrogacy were analyzed and characterized, and the main problems were identified, as well as further ways of improvement. It is stated that this phenomenon is not new in the history of mankind. It was used in Ancient Egypt, Ancient Greece and Mesopotamia, and the first mentions can be found in the Old Testament. Attention is drawn to the fact that prior to the discovery of the in vitro fertilization method, there was only the traditional form of surrogate motherhood, which in most cases was governed by the rules of morality and customs prevailing at that time in a particular society. It is emphasized that the first references to the legal consolidation of this practice can be found in the Code of Hammurabi. It is stated that surrogacy as a modern method of assisted reproductive technologies has been used since 1985. It is argued that the active development of legislation in this field began after this year. The court cases were considered, which become decisive for the further formation of legislation on surrogacy. The article lists the main legal acts that regulated surrogate motherhood in Ukraine, those that are in force, and those that are invalid. It is concluded that gestational surrogacy as a method of assisted reproductive technology is becoming increasingly popular method for the treatment of infertility, and its legal regulation needs to be improved, especially at the level of international law.

scholarly journals Legal regulation of surrogacy in Ukraine and the United States of America

2019 ◽  
pp. 34-38
Author(s):  
O. M Reznik ◽  
A. E. Ishchukova
Keyword(s):  
United States ◽  
Artificial Insemination ◽  
Assisted Reproductive Technologies ◽  
The United States ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Newborn Baby ◽  
Necessary Condition ◽  
Surrogate Mother ◽  
Genetic Link

In this article, the authors investigated the regulatory acts and laws governing surrogacy in Ukraine. The concept of “surrogacy” was also considered and the absence of fixing of this term at the legislative level was established. In addition, it was determined that the necessary condition for the implementation of the method of surrogacy is the genetic link of the spouse or one of the couples with an unborn child. It follows that the surrogate mother should not be genetically related to the child. However, the legislator doesn’t prohibit bearing the pregnancy of close relatives of future parents (sister, mother, aunt, cousin, etc.). This work also focuses on the definition of the legal nature of the contract concluded between the surrogate mother and the infertile couple for artificial insemination by the method of surrogacy. As a result, this agreement is similar to the civil service agreement. The publication also analyzes the state registration procedure for a newborn baby that was born using the method of surrogacy. The peculiarity of the procedure for registering a newborn baby conceived in this way is the presence of a certificate and statement. The certificate proves the genetic link of the baby with the couple. The statement is given by the surrogate mother to recognize the spouse as the child’s parents. Much attention is paid to the experience of regulating surrogacy in the United States. The country does not have a single codified law on artificial insemination by surrogacy. Each state decides in what manner, in what order, and under what conditions it is possible to resort to this type of assisted reproductive technology. The conclusions provide suggestions for resolving problems that may arise while using the method of surrogacy. Also the possibility of improving current legislation on the legal regulation of this procedure by borrowing from foreign experience. Keywords: surrogacy, legal regulation, surrogate mother, assisted reproductive technologies, married couple, contract.

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