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Title: A comparative socio-legal analysis of responses to surrogacy in Greece and the UK
Author: Neofytou, Aikaterini
ISNI:       0000 0004 7427 8849
Awarding Body: University of Kent
Current Institution: University of Kent
Date of Award: 2018
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Surrogacy is an alternative means of reproduction that has been described as a controversial practice raising important ethico-legal considerations relating to alleged risks to autonomy, welfare and justice. However, many arguments against it are made without support from empirical data or despite such evidence as exists. Surrogacy is governed by diverse regulation worldwide, but such regulation generally has not been shaped by the perspectives of those involved in it, while the incidence of surrogacy both at national and international levels is increasing. In this thesis, I explore how surrogacy should be regulated in law through a sustained comparative socio-legal approach informed by a feminist perspective. I argue that respect for autonomy entails that individuals should be allowed to make use of surrogacy, provided that there are no good reasons for preventing them from doing so. I consider a range of such reasons - grounded in concerns for the welfare of the participants and social justice - and determine that surrogacy should be permitted, if it is properly regulated. I then go on to consider the parameters of good regulation using Greece and the UK as examples, and explore what, if anything, each regime might learn from the other and how they can most effectively reflect the experiences and protect the interests of the surrogacy participants. Greece and the UK offer the basis for a novel, interesting and fruitful comparative socio-legal study. Greek law provides for an intention-based model of parenthood founded on altruistic gestational surrogacy agreements which, if pre-approved by the judiciary, can become enforceable upon the child's birth, leading to an automatic acknowledgement of the intended parents' parenthood. UK law allows gestational and traditional altruistic surrogacy arrangements, but only regulates those taking place in UK clinics. UK surrogacy agreements are unenforceable, parenthood is based on gestation and birth, and intended parents may acquire parenthood through a post-birth parental order granted by the courts if certain conditions are met. Despite how unusual and novel the Greek legal approach is, it is poorly explored within the international literature. This thesis fills this gap. It also adds to the existing, limited data about people's experiences of surrogacy regulation in the UK, both confirming some findings of previous studies and challenging certain assumptions, as well as introducing a range of new concerns.
Supervisor: Sheldon, Sally ; Horsey, Kirsty Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available