REGULATION OF REPRODUCTIVE CLONING AND INHERITABLE GENETIC MODIFICATIONS ON HUMANS - PERILS AND DEFICIENCIES

Harms arising from reproductive cloning or inheritable genetic modifications, for the time being, seem significant. This is supported by the simple fact that the first cloned monkeys were short-lived or by the fact that inheritable genetic modifications still carry a high chance of getting “off-target” results, which could result in serious health problems. Inheritable genetic modifications, in particular, have a high therapeutic potential, and it is suggested that this technology’s comprehension is shifting from an absolute ban, to concerns over safety issues. International law can prove to be facilitative when it comes to deciding which new technology should be prohibited, restricted or allowed, having in mind possible consequences and the so-called phenomenon of reproductive tourism. Legally binding regulation of both technologies has proven challenging at the universal level. However, there has been some progress in Europe on that matter. Harms arising from inheritable genetic modifications seem even higher than in the case of reproductive cloning, since they have the potential to affect the whole of humanity, including future generations. The Criminal Code of Serbia and the Constitution of the Republic of Serbia prohibit reproductive cloning. However, the prohibition of inheritable genetic modifications on humans is not regulated explicitly in the Criminal Code of Serbia, making this technology seem more acceptable or less harmful.

Commercial Gestational Surrogacy: Unravelling the threads between reproductive tourism and child trafficking

Narratives of commercial gestational surrogacy (CGS) as ‘baby-selling’ often conflate or interchange the transfer of children born via surrogacy with trafficking in children or the sale of children, two sometimes overlapping but nonetheless distinct offenses. Moreover, anti-trafficking laws have been used to police cross-border CGS. But when do CGS arrangements fall within the category of legitimate ‘reproductive tourism’ and when do they amount to child trafficking? In this paper I critically explore intersections between human trafficking laws and CGS, vis-à-vis the child, charting the relevant trafficking laws in the context of international surrogacy, and analysing whether trafficking laws are an appropriate mechanism through which to regulate CGS. I conclude that while child trafficking might occur via surrogacy, CGS in itself is not child trafficking under international law.

Islamic beliefs on gamete donation: The impact on reproductive tourism in the Middle East and the United Kingdom

Approximately 15% of couples are affected by infertility worldwide. Subsequently, the use of assisted reproductive technologies is becoming increasingly popular, including the use of donor eggs, sperm and embryos. Despite ongoing ethical debate surrounding gamete donation, this is now a widely accepted practice in Western countries. Assisted reproductive technology is becoming more commonly utilised within the Muslim population; however, gamete donation remains a relatively controversial and taboo topic within this religion. Interestingly, there are significant differences in beliefs between Sunni and Shi’a Muslims. Whilst Sunni Islam absolutely forbids the use of third-party reproductive assistance, Shi’a Islam is somewhat more lenient towards this practice. Reproductive tourism has therefore become prevalent in Shi’a Middle Eastern countries that permit the use of donor gametes in assisted reproductive technologies; however, this continues to evoke a strong bioethical debate, particularly around sperm donation. With the increased influx of reproductive tourism, this is beginning to weaken the regional Sunni Islam ban on the use of donor technologies, questioning the morality of their current beliefs. Consideration of religious beliefs is also crucial for patient-centred care in UK patients treated by the National Health Service for fertility issues. Of note, there is a lack of non-Caucasian donors in the United Kingdom. Reproductive tourism is also becoming increasingly common in the United Kingdom and needs to be considered in terms of future patient management in delivering good obstetric care.

‘Womb for Rent’: Socio-Cultural Implications of Reproductive Tourism in India

Background Commercial surrogacy in India has become an increasingly controversial human rights and global health issue. Indian women living in dire poverty are the most vulnerable group in this transnational phenomenon. Reproductive tourism can be defined as the process whereby affluent people predominately from Global North countries (i.e., Canada) seek assisted reproduction in the Global South (in this case, India), to accomplish fertility and kinship formation goals while remaining oblivious to the inevitable social issues associated with this international trade. Objective This paper investigates how the media and academic anthropological research present current understandings of biotechnology, family, and kinship regarding commercial surrogacy. I argue that reproductive tourism is a multifaceted social issue with significant socio-cultural implications for kinship in India and the Global North, by being rooted in a gendered division of labour, culturally-specific belief systems, technological advancement, race and class stratification, capitalist structures, and globalization. Methods Although reproductive tourism is indeed interdisciplinary in nature, this project explicitly took an anthropological and global health approach to understanding its impacts on kinship in local and global communities. With regards to researcher positionality, I played an outsider role in understanding Indian women and the cultural context in India. I critically and reflexively analyzed diverse media sources that offered insights on reproductive tourism in India within the domains outlined in my thesis statement. These media sources were found online, and included mainstream media outlets, news articles, articles by journalists and social activists, websites for organizations of interest, corporate sources, blogs, videos, documentaries, and images. I used scholarly articles in anthropology as ethnographic evidence to support, challenge, or extend claims reported by the media. Academic sources included peer-reviewed publications, books, open access materials, grey literature, academic websites, and legal documents. I qualitatively compared and contrasted the presented narratives to conduct a secondary analysis of scholarly literature and media reports, and constructed valid arguments about the current state of reproductive tourism in India. Results The commodification of reproductive labour has had vast impacts on the cultural meanings of kinship in India and Global North countries. Reproductive tourism in India is evidence that culture influences biological, reproductive, and technological processes and how they are perceived in contemporary times. Technology and globalization were found to be propellers of commercial surrogacy that transcend international borders. Expectations related to family formation and gender within Western contexts, and Western forms of kinship contribute to the commercial surrogacy industry. Reproductive tourism perpetuates hierarchies along the lines of race and class, and Indian women face exploitation and serious health risks despite being paid for their reproductive labour. Conclusion Transnational surrogacy must be perceived by governments as a public matter rather than a private one, in order to adequately derive holistic solutions to halt the exploitation of vulnerable Indian women while balancing the desire of infertile individuals to utilize surrogacy as a means of kinship formation. Update This research paper was written in March 2018. As of December 2018, commercial surrogacy is illegal in India. The Surrogacy (Regulation) Act, 2018 is an attempt by the Indian government to control the industry and associated issues such as the exploitation of poor women and unprecedented health consequences. This law and policy shift by the Indian government affirms the importance of this research.