Surrogate motherhood is the undertaking of a pregnancy by a woman who has the intention to let the "intended parents" raise the child. It can happen with an informal or formal agreement (the latter in Countries that regulate how and when the mother can – but does not have to – renounce her parental role) or with a legal contract (only in a minority of Countries). Only where surrogacy is configured as a contract, the birth mother is legally forced to relinquish her parental rights, even if during the pregnancy she has developed ties with the future baby and wants to keep it. Clauses in the surrogacy contract also oblige her to submit to medical procedures decided by the «intended parents», including abortion/embryo reduction. Disagreements can arise from this issue, too, as it will be shown with a variety of sources. In the typical surrogacy contract, the woman’s personal right to choose to terminate or bring the pregnancy to term, established with Roe v. Wade, is constrained by the (unconstitutional) clause threatening monetary sanctions. This article debates the implication of similar contracts and clauses on the social consideration of pregnant women.
L'aborto nei contratti di maternità surrogata statunitensi
D. Danna
2014-01-01
Abstract
Surrogate motherhood is the undertaking of a pregnancy by a woman who has the intention to let the "intended parents" raise the child. It can happen with an informal or formal agreement (the latter in Countries that regulate how and when the mother can – but does not have to – renounce her parental role) or with a legal contract (only in a minority of Countries). Only where surrogacy is configured as a contract, the birth mother is legally forced to relinquish her parental rights, even if during the pregnancy she has developed ties with the future baby and wants to keep it. Clauses in the surrogacy contract also oblige her to submit to medical procedures decided by the «intended parents», including abortion/embryo reduction. Disagreements can arise from this issue, too, as it will be shown with a variety of sources. In the typical surrogacy contract, the woman’s personal right to choose to terminate or bring the pregnancy to term, established with Roe v. Wade, is constrained by the (unconstitutional) clause threatening monetary sanctions. This article debates the implication of similar contracts and clauses on the social consideration of pregnant women.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
