米国における代理母出産と法制 (家族関係のグローバリゼーション)

概要

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Late years, reproduct medical care technology made progress. The man and wife that a child was hard to be completed came to have a child. It is that they are given a child through surrogate mother birth. There is a continent recognizing surrogate mother birth like Arkansas in America. In Arkansas, the child born as the result of artificial insemination pursuant to a surrogacy contract is deemed to be the child of the biological father and his wife if he is married. If the biological father is not married, the child is deemed to be his child only. The child's birth certificate recognizes the parents as those contemplated in the surrogacy contract. The marital status of the surrogate in either situation is irrelevant. The surrogacy contract controls the outcome of any disputes that might arise. The Arkansas law has two major advantages not found elsewhere. First, as noted above, the marital status of the surrogate is irrelevant, meaning that there is never a presumption that a married surrogate's husband is the legal father of a child born pursuant to the surrogacy contract. The statutes in other states that create that presumption were enacted for the benefit of married couples seeking to conceive with donor semen when the husband was infertile. The protection of people seeking to use a surrogate mother was never contemplated when those artificial insemination statutes were enacted. Further, the Arkansas law the surrogacy concept in that a subsequent step-parent adoption is not necessary to get the intended mother's name listed on the child's birth certificate instead of the surrogate's name. The birth certificate lists the parents as those intended in the surrogacy contract.
1999-11-15

米国における代理母出産と法制 (家族関係のグローバリゼーション)

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概要

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