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How Can a Reformed Surrogacy Law Reflect Pragmatism and Respect Ethics?

Horsey, Kirsty (2019) How Can a Reformed Surrogacy Law Reflect Pragmatism and Respect Ethics? In: Phillips, Andelka M. and de Campos, Thana C. and Herring, Jonathan, eds. Philosophical Foundations of Medical Law. Oxford University Press. ISBN 978-0-19-879655-8. (doi:10.1093/oso/9780198796558.001.0001) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:70956)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)
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http://dx.doi.org/10.1093/oso/9780198796558.001.00...

Abstract

This chapter argues for the need for the re-regulation of surrogacy. The law in the United Kingdom, currently, does not serve the interests of those involved in surrogacy to the extent it should, including intended parents, surrogates, and—importantly—children. This is partly due to the bulk of the legislation regulating surrogacy being developed in the 1980s, when family laws and policies were significantly different, and when the tone of the law was permissive, yet discouraging of surrogacy. A direct outcome of this was an increase in intended parents seeking surrogacy overseas, which potentially raises more ethical questions. Ultimately, a reform of the laws on surrogacy – currently being considered by the Law Commission of England and Wales and the Scottish Law Commission – should carefully and pragmatically consider the exact message that the reformed law would send, so as to maximize its utilitarian potential, while minimizing ethical concerns.

Item Type: Book section
DOI/Identification number: 10.1093/oso/9780198796558.001.0001
Uncontrolled keywords: surrogacy, surrogacy law, surrogates, family laws, pragmatism, ethics
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Sian Robertson
Date Deposited: 12 Dec 2018 11:19 UTC
Last Modified: 16 Feb 2021 14:00 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/70956 (The current URI for this page, for reference purposes)
Horsey, Kirsty: https://orcid.org/0000-0002-9316-7314
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