Learning from Cross-Border Reproduction

(2017) Med Law Rev fww045. DOI: 10.1093/medlaw/fww045

24 Pages Posted: 17 Mar 2017

See all articles by Emily Jackson

Emily Jackson

London School of Economics - Law School; London School of Economics - Law School; Queen Mary University London - School of Law

Jenni Millbank

University of Technology, Sydney, Faculty of Law

Isabel A. Karpin

University of Technology Sydney, Faculty of Law

Anita Stuhmcke

University of Technology Sydney, Faculty of Law

Date Written: March 15, 2017

Abstract

Drawing upon the preliminary findings of an Australian empirical project on cross-border reproduction (CBR), this article argues that regulators and policymakers could learn from the experiences of those who travel overseas in order to access fertility treatment and surrogacy. It makes four principal observations. First, the distinction between so-called ‘altruistic’ and ‘commercial’ gamete donation and surrogacy is increasingly unsustainable and is not experienced as meaningful by many participants in CBR. Secondly, the status of the law in CBR is profoundly equivocal; for participants it is often there and not there at the same time. Thirdly, self-sourced information, from the internet and more specifically social media such as Facebook, is now the principal source of information and peer support for reproductive travellers. Fourthly, and relatedly, domestic reproductive services providers are often sidestepped. If one of the goals of regulation is to minimise the risk of harm to participants, it is not clear that it is currently achieving this aim, and this article argues that any reforms will work onlyif they are more responsive to the reality of CBR.

Keywords: Cross-border reproductive care, Surrogacy, Assisted reproduction, Egg donation, Payments, Legal parentage

JEL Classification: K19

Suggested Citation

Jackson, Emily and Jackson, Emily and Millbank, Jenni and Karpin, Isabel A. and Stuhmcke, Anita, Learning from Cross-Border Reproduction (March 15, 2017). (2017) Med Law Rev fww045. DOI: 10.1093/medlaw/fww045 , Available at SSRN: https://ssrn.com/abstract=2933889

Emily Jackson

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom
020 7955 7256 (Phone)

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom
020 7955 7256 (Phone)

Queen Mary University London - School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

Jenni Millbank (Contact Author)

University of Technology, Sydney, Faculty of Law ( email )

Australia

Isabel A. Karpin

University of Technology Sydney, Faculty of Law ( email )

Haymarket, Ultimo
PO Box 123
Sydney, NSW 2007
Australia

Anita Stuhmcke

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

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