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Eastern and Western Perspectives on Surrogacy

Book | 1st edition 2019 | Jens Scherpe, Claire Fenton-Glynn, Terry Kaan

'The book will be insightful and useful for a wide readership: anyone with an interest in differing approaches to the regulation of surrogacy; anyone concerned with how domestic law can be reformed; and anyone considering how international regulation might solve the current problems we can see with surrogacy as currently practiced.' -- Lottie Park-Morton, European Journal of Health Law, 2020.

Over the past 10 years, a convergence of scientific, demographic, legal and social developments has led to a significant influx of cases of international surrogacy. What was previously a marginal form of parenthood has become a multi-billion dollar industry, raising concerns for surrogate mothers, commissioning parents, and children alike. Lawyers, philosophers and health care professionals have struggled to formulate a framework to ensure the protection of surrogate mothers from exploitation, whilst combatting the vulnerability of commissioning parents to agencies and intermediaries, and providing children born as a result of this practice with certainty regarding their identity, status, and nationality.

The transnational nature of the issues raised in relation to international surrogacy agreements means that individual states have struggled to take decisive action, and there remains a myriad of different responses to this issue. This book brings together experts from Eastern and Western backgrounds, to consider the way in which different jurisdictions have responded to surrogacy, both within their own borders, and when an international agreement takes place involving one of their citizens. Each chapter includes a discussion of the laws concerning the establishment and contestation of legal parentage through surrogacy under domestic law; the rules and laws concerning surrogacy arrangements on a domestic level; and approaches to recognition of legal parenthood acquired through surrogacy in other jurisdictions. In addition, the chapters consider the socio-economic context of surrogacy in the chosen jurisdictions, through questions concerning the profile of surrogate mothers and commissioning parents, the involvement of intermediaries, and the nature of the interactions between these parties. In this way, the book provides a comprehensive understanding of the confluences and tensions in the way surrogacy is approached in these jurisdictions, and seeks to identify trends emerging from these different regions.

In doing so, Eastern and Western Perspectives on Surrogacy seeks to contribute to the greater understanding of the regulation of surrogacy throughout the world, and will serve as a reference work for anyone involved in practice, academia or law reform in this subject area.

JENS M. SCHERPE is a Reader in Comparative Law and Director of Cambridge Family Law at the University of Cambridge. He is the Honorary Professor at the University of Aalborg, Cheng Yu Tung Visiting Professor in Law at the University of Hong Kong and an Academic Door Tenant at Queen Elizabeth Building in London.

CLAIRE FENTON-GLYNN is a Lecturer in Law at the University of Cambridge. She is an Associate Member of Harcourt Chambers in London.

TERRY KAAN is an Associate Professor of Law at Hong Kong University and Co-Director of the Centre for Medical Ethics and Law.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780686523 / 9781780688633
Weight 1000 g
Status Available
Number of pages xii
Access to exercice No
Publisher Intersentia
Language English
Publication Date May 1, 2019
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of contents and preliminary pages
    Jens Scherpe, Claire Fenton-Glynn, Terry Kaan
  • Eastern and Western Perspectives on Surrogacy
    Jens Scherpe, Claire Fenton-Glynn
  • Questionnaire
    Claire Fenton-Glynn, Jens Scherpe
  • Part I. Western Perspectives - The Prohibitive Approach
  • Surrogacy in France
    Walter Pintens
  • Surrogacy in Germany
    Anatol Dutta
  • Surrogate Motherhood Under German National and International Private Law
    Frank Klinkhammer
  • Surrogacy in Spain
    Esther Farnós Amorós
  • Part I. Western Perspectives - The Tolerant Approach
  • Surrogacy in Australia
    Mary Keyes
  • A View from the Bench in Australia
    John Pascoe
  • Surrogacy in England and Wales
    Claire Fenton-Glynn
  • The Legal Implications of International Surrogacy Agreements
    Mark Hedley
  • Part I. Western Perspectives - The Regulatory Approach
  • Surrogacy in Greece
    Eleni Zervogianni
  • Surrogacy in Israel
    Rhona Schuz
  • Surrogacy in South Africa
    Julia Sloth-Nielsen
  • Surrogacy in New Zealand
    Debra Wilson
  • Surrogacy in Portugal
    Rute Teixeira Pedro
  • Surrogacy in Iceland
    Hrefna Friðriksdóttir
  • Part I. Western Perspectives - The Free Market Approach
  • Surrogacy in Russia
    Olga Khazova
  • Surrogacy in the United States of America
    June Carbone
  • Part I. Western Perspectives - The Influence of International Courts
  • Surrogacy before the European Court of Human Rights
    Paul Beaumont, Katarina Trimmings
  • Part II. Eastern Perspectives - The Prohibitive Approach
  • Surrogacy in China
    Lei Shi
  • Surrogacy in Taiwan
    Chih-Hsing Ho
  • Surrogacy in Singapore
    Terry Kaan
  • Part II. Eastern Perspectives - A Tolerant Approach?
  • Surrogacy in Hong Kong
    Daisy Cheung
  • Part II. Eastern Perspectives - Regulation through Professional Medical Bodies
  • Surrogacy in Japan
    Shinichiro Hayakawa
  • Surrogacy in South Korea
    Ock-Joo Kim, Byung-Kwa Lee
  • Part II. Eastern Perspectives - From Free Market to Regulation
  • Surrogacy in India
    Prabha Kotiswaran
  • Surrogacy in Thailand
    Soraj Hongladarom
  • Part III. Comparative Perspectives on Surrogacy
  • Surrogacy in a Globalised World
    Claire Fenton-Glynn, Jens Scherpe