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Contract Children
Surrogate motherhood is expanding all over the world. Debates rage over how public policy should consider the signing away of the parental rights of birth mothers in favor of a 'commissioning' couple or an individual. In this book, Daniela Danna describes the situation in English-speaking countries and worldwide, from California to Greece, presenting the legal alternatives regulating (or not) these peculiar exchanges. Should surrogacy remain a private agreement? Should it be treated as an enforceable contract? Are surrogate mothers workers? What happens inside the countries that have chosen different ways of handling this new and controversial matter? And, the most important question of all:...
Legalized Families in the Era of Bordered Globalization
The first book to provide a socio-legal perspective on current interrelations between globalization, borders, families and the law.
International Surrogacy Arrangements
This book addresses the pressing challenges presented by the proliferation of international surrogacy arrangements. The book is divided into three parts. Part 1 contains National Reports on domestic approaches to surrogacy from Argentina, Australia, Belgium, Brazil, China, Czech Republic, France, Germany, Greece, Guatemala, Hungary, India, Ireland, Israel, Mexico, Netherlands, New Zealand, Russia, South Africa, Spain, Ukraine, United Kingdom, United States and Venezuela. The reports are written by domestic specialists, each demonstrating the difficult and urgent problems arising in many States as a result of international surrogacy arrangements. These National Reports not only provide the ba...
Choice of Law and Recognition in Asian Family Law
This thematic volume in the series Studies in Private International Law – Asia outlines the general choice of law and recognition rules relating to family matters of 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka and India. The book examines pressing questions and proposes ways in which their systems may be reformed. A concluding chapter considers the extent to which Asian cross-border family law systems can and should be harmonised. The book provides a comprehensive analysis of cross-border family law challenges, including child surrogacy, child abduction, the recognition of same-sex unions, the recovery of maintenance, and the regulation of intercountry adoption. These are among the matters now testing Asian institutions of private international law and acting as forces for their modernisation. With contributions by leading Asian private international law experts, the book proposes necessary reforms for each of the jurisdictions analysed as well as for Asia as a whole.
Extraterritoriality Around the Globe
Analysing different political and policy drivers of extraterritoriality in various social, cultural, and economic settings, this book assesses the value of politics within the context of the law and practice of extraterritoriality. Extraterritoriality is one of the most complex and multifaceted concepts in international law, shaped by a dynamic interplay of legal, political, and practical factors. This book discusses the challenges of understanding extraterritoriality in the context of evolving international relations, the political forces behind state practices, and why international law matters in a field that, at first glance, may seem primarily national in scope. To address these issues,...
Research Handbook on Surrogacy and the Law
This essential Research Handbook provides a multifaceted exploration of surrogacy and the law, examining a variety of critical yet under-researched perspectives including globalisation, power, gender, sexual orientation, genetics, human rights and family relations. It covers four distinct topics: surrogacy and rights, the interplay between surrogacy and different areas of the law, cross-border aspects, and regional perspectives.
What Do You Do When They Don't Say 'I Do'? Cross-Border Regulation for Alternative Spousal Relationships
Marriage is a local arrangement with international effects. Throughout the Western world, a marriage recognized as valid by the parties' home country is usually considered valid and binding in any other country. This recognition carries substantial benefits. In sharp contrast, unwed couples and some married couples, namely same-sex couples, are denied these benefits due to lack of (sufficient) inter-state and international recognition of their relationships, making their relationships unstable at best. This Article discusses the cross-border recognition of such relationships -- or lack thereof -- and its effects, and it suggests a way to better the situation using private law tools, thus avoiding much of the public debate on the matter.
Family, Contracts, Autonomy and Choice
This paper is part of a book symposium dedicated to Dagan and Heller's "Choice Theory of Contracts". The paper focuses on the applications of the main argument of the book to family law, and offers seven short critiques of the argument in this regard.
