Best interests as a rule of procedure: Reflection on different regulatory responses to surrogacy

Park-Morton, Lottie ORCID: 0000-0003-3864-7611 (2024) Best interests as a rule of procedure: Reflection on different regulatory responses to surrogacy. The Journal of the Society for Advanced Legal Studies. (In Press)

Text 14594 Park-Morton, Lottie (2024) Best interests as a rule of procedure Reflection on different regulatory responses to surrogacy.pdf - Accepted Version Restricted to Repository staff only Download (184kB)

Abstract

This paper examines the extent to which the best interests of the child, under Article 3 UNCRC, has been utilised as a rule of procedure when developing legislative responses to surrogacy. Three jurisdictions are examined which have adopted vastly different regulatory responses to surrogacy: Sweden, impliedly prohibiting surrogacy; England and Wales, permitting surrogacy on an unenforceable basis; and California, providing for enforceable surrogacy agreements. Through analysis of the development of the legislation in each jurisdiction, it is argued that the concept of best interests carries a significant risk of being a term of empty rhetoric and seeks to reinforce the value of using child’s-rights impact assessments to ensure a child-centric approach to surrogacy regulation.

Item Type:	Article
Article Type:	Article
Uncontrolled Keywords:	Best interests; surrogacy; children’s rights; UNCRC
Related URLs:	https://journals.sas.ac.uk/amicus
Subjects:	J Political Science > JX International law K Law > K Law (General) > K520 Comparative law
Divisions:	Schools and Research Institutes > School of Business, Computing and Social Sciences
Depositing User:	Kamila Niekoraniec
Date Deposited:	27 Nov 2024 12:14
Last Modified:	27 Nov 2024 12:15
URI:	https://eprints.glos.ac.uk/id/eprint/14594

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