Il dibattito legale ed etico sul divieto di commercio della maternità surrogata in India / The legal and moral debate leading to the ban of commercial surrogacy in India

2017 ◽  
Vol 66 (4) ◽  
pp. 513-531
Author(s):  
Joseph Nixon ◽  
Olinda Timms

Le tecniche di riproduzione assistita (ART) offrono la possibilità di una maternità surrogata alle coppie sterili o senza figli. Alla fine degli anni ‘80, specialisti qualificati in India hanno approfittato della disponibilità di madri surrogate e dell’assenza di regole per creare un mercato di maternità surrogata per i clienti sia indiani sia esteri. Il Ministero della Salute è intervenuto con le linee guida solo dopo forti proteste di gruppi di donne e cittadini, facendo seguito alle storie su ostelli surrogati, bambini abbandonati e sfruttamento. Nel frattempo, le cliniche dell’infertilità si sono moltiplicate, offrendo gameti di donatori, fecondazione in vitro e maternità surrogata ad un costo molto inferiore rispetto ai paesi occidentali. Dai primi anni del 2000, l’India è divenuta la destinazione più popolare per la pratica della maternità surrogata. In risposta alle proteste e consapevole del divieto di accordi di maternità surrogata negli altri paesi, il Governo indiano ha emanato le linee guida ART che erano via via restrittive; ma tali disposizioni non sono state in grado di arginare il business ormai florido. Infine, nel 2016, il governo ha proposto un disegno di legge per porre fine alla maternità surrogata commerciale. Il regolamento Bill 2016 considera esclusivamente gli accordi di maternità surrogata, non considerando tutti gli altri aspetti della riproduzione assistita e delle cliniche coinvolte. La legislazione è stata rivolta principalmente alle questioni sociali e agli elementi di sfruttamento della maternità surrogata commerciale, più che al processo tecnico. Se approvata, tale legge vieterà efficacemente maternità surrogata commerciale in India. ---------- Assisted Reproductive Technologies (ART) offer the possibility of unrelated surrogacy arrangements to infertile couples and childless human relationships. In the late 80s, qualified specialists in India took advantage of the availability of willing surrogates and the absence of regulations, to create a market in commercial surrogacy for clients from within the country and abroad. The Ministry of Health stepped in with guidelines only after strong protests from women’s groups and citizens, following media stories of surrogate hostels, abandoned children and exploitation. Meanwhile, ‘infertility’ clinics mushroomed, offering donor gametes, in-vitro fertilization and surrogacy services at a fraction of the cost in western countries. By early 2000s, India had emerged as the most popular destination for commercial surrogacy arrangements. In response to protests from doctors, citizens and human rights groups, and mindful of the ban on commercial surrogacy arrangements in most developed countries, the Government issued ART guidelines that were progressively restrictive; but these did not have the teeth to rein in the lucrative business that commercial surrogacy had transformed into. Finally, in 2016, the Government proposed a Bill that would bring an end to commercial surrogacy. The Surrogacy (Regulation) Bill 2016 addressed surrogacy arrangements exclusively, taking it out of proposed ART Bill that was aimed at comprehensively regulating all other aspects of assisted reproduction and the clinics involved. The legislation was directed mainly at the social issues and exploitative elements specific to commercial surrogacy arrangements, rather than the technical process. If passed, the Surrogacy Bill will effectively ban commercial surrogacy in India.

Author(s):  
Cyra Akila Choudhury

With the emergence of assisted reproductive technologies, particularly in vitro fertilization, gestational surrogacy in which an woman can be hired to gestate the child of commissioning parents has grown into a multimillion dollar industry. While many countries prohibit surrogacy, others permit and some even allow women to charge for the service of gestation on a commercial basis. This article addresses the regulation of transnational surrogacy and the related legal conflicts that arise in cross-border agreements particularly in commercial contracts It starts with a brief exploration of the surrogacy industry and growth. It then goes on to describe and analyze some of the legal frameworks that affect surrogacy contracts. The article proceeds to discuss some of the most prominent cross-border controversies to highlight that these conflicts tend to arise from a lack of international or transnational regulation on parentage and citizenship. Finally, the article explores the proposals for international regulation and the prospects of solving some of the more difficult legal problems that have arisen from transnational surrogacy.


Stanovnistvo ◽  
2004 ◽  
Vol 42 (1-4) ◽  
pp. 45-65
Author(s):  
Mirjana Devedzic

The development of reprogenetics during the last two decades of the XX century has brought a new age of reproduction. The paper surveys different types of reprogenetics in a wider sense, i.e. different assisted reproductive technologies (ART) that include manipulation of female reproductive cell out of a woman's womb. Development of reprogenetics is documented by available quantitative indicators of the number and success of ART procedures in developed countries at the beginning of the XXI century. Since 1978, when the first baby was born from in vitro fertilization, the number of children born that way has reached 1% of all children, and in some countries even over 3%. Moreover, existing documentation is incomplete and does not include all forms of assisted reproduction - in reality, the importance of assisted reproduction is even higher and becomes demographically significant. Hence the paper indicates existing and potential effects of the ART development on the demographic development i.e. on specific demographic aspects of this phenomenon. It also points out the effects on the level of fertility, on the changes of direct fertility determinants, and on the levels of mortality and infant mortality, as well as a new understanding of birth control, the possibility of affecting biological structures, and the changes of the fundaments of marriage and family. Development perspectives of reprogenetics are also being raised in the context of bioethical discussions and indicate ethical dilemmas related to assisted reproduction. Solutions to the dilemmas define the scope of applying new reproductive technologies in the future.


2021 ◽  
Author(s):  
Cornelius Nwoga ◽  
Nnanna Ikeh ◽  
Matthew Onodugo ◽  
Paul Baiyeri ◽  
Ndubuisi Machebe

Assisted reproductive technologies (ART) that have come to stay and are still being improved upon in developed countries are still in their infancy stage in developing countries like Nigeria. Nigeria’s cattle population is estimated to be around 18.4 million. The number is far insufficient to meet the country’s demand for meat, milk, and other cow products, let alone contribute to GDP. N’dama and Muturu are both Nigerian breeds that are resistant to trypanosomosis. They are humpless longhorn and humpless shorthorn types of beef cattle. The dairy and beef cow industries’ inadequate adoption of ART is partly to blame for Nigeria’s low cattle output. Sex determination, multiple-ovulation and embryo transfer (MOET), oestrus synchronization, artificial insemination (AI), in vitro fertilization (IVF), cloning, and genetic engineering are all examples of assisted reproductive technologies. It has been reported in humans, rodents and domestic animals, abnormal fetuses, newborns and adult offspring arise from ART. Improper matching of breeding animals mostly leads to overfat calves. This review centers on the applications and potentials of ART in the production of trypanotolerant N’dama and Muturu cattle breeds. Some unorthodox medicines which have proven effective in human reproduction can circumvent the shortfalls in the adoption of ART.


Author(s):  
Anindita Majumdar

Much of the debates on commercial surrogacy are marked by the interventions and involvement of the assisted reproductive technologies such as in vitro fertilization (IVF). In this chapter the medico-technological process of commercial surrogacy is seen through the involvement of IVF specialists, embryologists in their identification and understanding of genes and kinship. The chapter also explores the ways in which fertility clinics negotiate with the practice of commercial surrogacy by invoking Indian Council of Medical Research’s (ICMR) draft law on surrogacy and reproductive technologies. The chapter looks at how medicine does not always operate within a tradition of rationality but often invokes local-folk wisdom of kin and kinship to understand the consequences of assisted conception. In that sense IVF specialists, clinicians, and embryologists often become ‘matchmakers’ invoking an idea of genes and biology that is not embedded in scientific rationality.


2020 ◽  
Vol 46 (5) ◽  
Author(s):  
C. F. Oguejiofor

Cattle production and the beef and dairy industry are important sources of financial revenue for the government and the individual farmers and employees involved in livestock husbandry. Nigeria has a huge potential for cattle production but sadly this has been poorly developed. The estimated national cattle population of 19 million is grossly inadequate in meeting the national human demand for meat, milk and other cattle products or in contributing to the gross domestic product. The low cattle productivity is partly attributable to the poor utilization of assisted reproductive technologies (ART) in dairy and beef cattle breeding and production. These technologies generally include oestrus synchronization, artificial insemination (AI), multiple-ovulation and embryo transfer (MOET), in vitro fertilization (IVF), sex determination, cloning and genetic engineering. ART have been applied extensively in the yearly production of millions of cattle in many developed and developing countries worldwide. This review highlights the applications and potentials of ART in cattle production and suggests how stakeholders in the Nigerian cattle industry can exploit these potentials. It is clear that the utilization of ART will enhance national livestock productivity so that Nigeria can feed her growing population and possibly increase her foreign exchange earnings by becoming a livestock-exporting country.


GYNECOLOGY ◽  
2018 ◽  
Vol 20 (1) ◽  
pp. 113-116
Author(s):  
L A Bagdasaryan ◽  
I E Korneyeva

The aim of the study is to systematically analyze the data available in the modern literature on the relationship between endometrial thickness and the frequency of pregnancy in the program of assisted reproductive technologies (ART). Materials and methods. The review includes data from foreign and domestic articles found in PubMed on this topic. Results. The article presents data on the relationship between the thickness of the endometrium and the frequency of pregnancy in ART programs. The greatest number of studies is devoted to the evaluation of the relationship between the thickness of the endometrium and the frequency of pregnancy on the day of the ovulation trigger. Data are presented on the existence of a correlation between the thickness of the endometrium measured on the day of the ovulation trigger and the frequency of clinical pregnancy, as well as data on the need to evaluate the structure of the endometrium and the state of subendometric blood flow. The importance of multilayered (three-layered) endometrium as a prognostic marker of success in in vitro fertilization/intracytoplasmic sperm injection programs in the ovum is emphasized. The conclusion. The thickness of the endometrium can not be used as an argument for canceling the cycle or abolishing embryo transfer to the uterine cavity. Further studies in this direction are needed with a study of the morphological and molecular genetic characteristics of the endometrium, which in the future will allow us to evaluate the relationship between the thickness of the endometrium and the probability of pregnancy.


Author(s):  
N.A. Altinnik , S.S. Zenin , V.V. Komarova et all

The article discusses the factors that determine the content of the legal limitations of pre-implantation genetic diagnosis in the framework of the in vitro fertilization procedure, taking into account international experience and modern domestic regulatory legal regulation of the field of assisted reproductive technologies. The authors substantiates the conclusion that it is necessary to legislate a list of medical indications for preimplantation genetic diagnosis, as well as the categories of hereditary or other genetic diseases diagnosed in the framework of this procedure.


2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Sandra Monfort ◽  
Carmen Orellana ◽  
Silvestre Oltra ◽  
Mónica Rosello ◽  
Alfonso Caro-Llopis ◽  
...  

AbstractDevelopment of assisted reproductive technologies to address infertility has favored the birth of many children in the last years. The majority of children born with these treatments are healthy, but some concerns remain on the safety of these medical procedures. We have retrospectively analyzed both the fertilization method and the microarray results in all those children born between 2010 and 2019 with multiple congenital anomalies, developmental delay and/or autistic spectrum disorder (n = 486) referred for array study in our center. This analysis showed a significant excess of pathogenic copy number variants among those patients conceived after in vitro fertilization with donor oocyte with respect to those patients conceived by natural fertilization (p = 0.0001). On the other hand, no significant excess of pathogenic copy number variants was observed among patients born by autologous oocyte in vitro fertilization. Further studies are necessary to confirm these results and in order to identify the factors that may contribute to an increased risk of genomic rearrangements, as well as consider the screening for genomic alterations after oocyte donation in prenatal diagnosis.


2021 ◽  
Vol 10 (12) ◽  
pp. 2687
Author(s):  
Kaan Aydos ◽  
Oya Sena Aydos

Retrieving spermatozoa from the testicles has been a great hope for patients with non-obstructive azoospermia (NOA), but relevant methods have not yet been developed to the level necessary to provide resolutions for all cases of NOA. Although performing testicular sperm extraction under microscopic magnification has increased sperm retrieval rates, in vitro selection and processing of quality sperm plays an essential role in the success of in vitro fertilization. Moreover, sperm cryopreservation is widely used in assisted reproductive technologies, whether for therapeutic purposes or for future fertility preservation. In recent years, there have been new developments using advanced technologies to freeze and preserve even very small numbers of sperm for which conventional techniques are inadequate. The present review provides an up-to-date summary of current strategies for maximizing sperm recovery from surgically obtained testicular samples and, as an extension, optimization of in vitro sperm processing techniques in the management of NOA.


2020 ◽  
pp. 13-19
Author(s):  
L. Chalova ◽  
V. Lokshin ◽  
A. Guseva ◽  
A. Kinzhibayev

This world literature review tries to determine the significance of the gamete donation in the field of assisted reproductive technologies as well as the availability of treatment methods using donation in in vitro fertilization programs. Gamete donation is regulated by every country's national legislation system, and quite often the laws vary between the states. There are practically no universal standards and/or rules in this area, which, in turn, leads to an ambivalent reaction towards reproductive practices.


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