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ISBN: 9781552214886

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Surrogacy in Canada

Critical Perspectives in Law and Policy

This book brings together a range of critical perspectives on the governance of surrogacy in Canada. The chapters offer insight into how to address the challenges of regulating surrogacy (in Canada and elsewhere), and how to (re)think the governance of surrogacy in ways that address the health, well-being, and autonomy of surrogates. It also provides long-awaited empirical data about how surrogacy in Canada is occurring. In a critical period when long-awaited regulations on reimbursement are being developed and proposals for major reforms of the existing regulatory framework are being made, this book identifies important concerns about the experience of surrogacy in Canada, and makes recommendations for change. In particular, the chapters address: the ongoing struggle to address women’s autonomy in the context of surrogacy; the lack of empirical research on surrogacy and the importance of this type of research in developing effective and responsive law and policy in Canada; complex governance questions that arise under the Assisted Human Reproduction Act and the ongoing debate about whether the Act should be reformed; and issues of internationalization, including the practice of transnational surrogacy, whether it be Canadians seeking surrogates abroad or foreign intended parents seeking surrogates in Canada.

Contributors

Vanessa Gruben

Vanessa Gruben is an associate professor and a member of the Centre for Health Law, Policy and Ethics at the University of Ottawa, Faculty of Common Law, where she teaches health law and family law. Her research focuses on the legal and ethical aspects of assisted reproduction, including the constitutionality of Canada’s Assisted Human Reproduction Act, the legal relationship between egg donors and their physicians, the constitutionality of anonymous sperm and egg donation, access to reproductive technologies, and the existing gaps in provincial law for families created through third-party reproduction. Gruben’s work is funded by the Social Science and Humanities and Research Council, Canadian Blood Services, and the Foundation for Legal Research. She is a co-editor of the fifth edition of Canadian Health Law and Policy (LexisNexis Canada, 2017).

Alana Cattapan

Alana Cattapan is an assistant professor at the Johnson Shoyama Graduate School of Public Policy and an associate member of the Department of Community Health and Epidemiology in the College of Medicine at the University of Saskatchewan. A longtime feminist researcher and activist, she studies women’s participation in policy making — identifying links between the state, the commercialization of the body, biotechnologies, and reproductive labour. Cattapan’s work is funded by the Social Sciences and Humanities Research Council, the Canadian Institutes of Health Research, and the Saskatchewan Health Research Foundation. Her research is interdisciplinary and has been published in journals across a range of fields, including Studies in Political Economy, the Journal of Medical Ethics, the Canadian Medical Association Journal, and the Canadian Journal of Law and Society.

Angela Cameron

Angela Cameron is an associate professor at the University of Ottawa, Faculty of Law. She holds the Shirley E Greenberg Chair for Women and the Legal Profession. Her research is generally in the area of social justice, with particular attention to the equality rights and interests of women. Her research and publications are mainly in the areas of assisted reproductive technologies, violence against women, and Indigenous-settler relations. She is the chair of FAFIA (http://fafia-afai.org), a national feminist NGO, and has worked on a variety of law reform and activism projects within the feminist and LGBTQ+ communities.

Chapter Title Contents Contributors Pages Year Price

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This introduction outlines the complex issues involved in regulating surrogacy in Canada. The authors introduce a range of critical perspectives on the governance of surrogacy in Canada, with a … ; ; 28 $2.80

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In Chapter 1, Christine Overall, while accepting that the practice of surrogacy may be here to stay, considers the troubling moral issues that arise with respect to women who act as surrogates … 21 $2.10

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We know very little about the lived experiences of women who act as surrogates, the intended parents, and the children conceived as a result of surrogacy arrangements. Pamela M White, in Chapter … 30 $3.00

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In Chapter 3, Kévin Lavoie and Isabel Côté respond to this call for more empirical data and present their findings from a series of interviews in Quebec. Their chapter describes a … ; 31 $3.10

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Mark C McLeod, in Chapter 4, addresses the possible use of incorporation by reference to promulgate the regulations regarding eligible reimbursable expenses under the AHRA. This possibility has … 42 $4.20

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There are important questions about whether the current reimbursement model established under section 12 of the AHRA is the most effective to ensure that women who act as surrogates are … ; ; 29 $2.90

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Many have responded to Health Canada’s request for input on the regulations under the AHRA by calling for more sweeping reforms to the regulation of assisted reproduction in Canada. Erin … 27 $2.70

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Karen Busby and Pamela M White, in Chapter 7, consider why Canada is emerging as a preferred jurisdiction for those seeking surrogates outside their home country. They identify a number of … ; 32 $3.20

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Katy Fulfer, in Chapter 8, argues that Canada has a moral and political responsibility to address the ethical challenges raised by transnational surrogacy and takes the position that … 27 $2.70

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