Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-jr42d Total loading time: 0 Render date: 2024-04-24T00:37:06.312Z Has data issue: false hasContentIssue false

Questionnaire

Published online by Cambridge University Press:  26 June 2019

Jens M. Scherpe
Affiliation:
University of Cambridge, England, United Kingdom; University of Hong Kong, Hong Kong SAR; University of Aalborg, Denmark
Claire Fenton-Glynn
Affiliation:
University of Cambridge, England, United Kingdom
Get access

Summary

GENERAL LEGAL FRAMEWORK

1. Are there specific legal rules dealing with surrogacy in your jurisdiction (especially: is there a specific statute or merely an administrative/court practice)?

  • – Please provide information including the general constitutional/legal framework where appropriate.

  • – If there are no specific legal rules, is surrogacy nevertheless regulated through other mechanisms (e.g. medical boards/professional bodies)?

  • 2. Is there a specialised authority set up to oversee surrogacy in your jurisdiction?

    If so, please provide information concerning the role, and powers, of this authority.

    3. What is the reasoning behind the law/rules on surrogacy (or lack thereof) in your jurisdiction?

    Please describe the historic development leading up to the current law, and any significant legislative or judicial debates.

    Please note if there is any distinction drawn between traditional and gestational surrogacy.

    4. Please give statistical information (where available), concerning:

  • – (estimated) number of surrogate births in your jurisdiction;

  • – (estimated) number of surrogacy arrangements undertaken by citizens in another jurisdiction;

  • – number of clinics in which surrogacy can take place;

  • – any other relevant/interesting statistical information.

  • SURROGACY ARRANGEMENTS IN GENERAL

    1. Are surrogacy contracts legal in your jurisdiction? Are they binding/ enforceable?

    If so, please provide information concerning the terms that can, and cannot, be included.

    2. Can a surrogate be remunerated for her participation in the surrogacy arrangement?

    In particular:

  • – Are there guidelines concerning appropriate levels of payments? If so, who are they provided by?

  • – Are there any limits on payments?

  • – How are payments to the surrogate monitored?

  • Please provide any statistical information concerning payments made to surrogates in your jurisdiction.

    LEGAL PARENTHOOD AT THE TIME OF BIRTH

    1. Who are the legal parents of a child born through surrogacy at the time of birth?

    How does this relate to the way in which your jurisdiction views parenthood in general, and motherhood in particular?

    2. Will there be any indication on the birth certificate, or other document, that the child was born as a result of a surrogacy arrangement?

    3. Is information concerning the surrogate – as the person who gave birth – preserved by the relevant authorities if she is not the legal mother of the child?

    Type
    Chapter
    Information
    Publisher: Intersentia
    Print publication year: 2019

    Access options

    Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

    Save book to Kindle

    To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

    Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

    Find out more about the Kindle Personal Document Service.

    Available formats
    ×

    Save book to Dropbox

    To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

    Available formats
    ×

    Save book to Google Drive

    To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

    Available formats
    ×