Among the various medically assisted procreation techniques, surrogacy is unquestionably the one that has given rise to the most significant ethical and philosophical issues. The commodification and exploitation of women’s bodies, the status of the child born through surrogacy, and the emergence of new forms of parenthood that are entirely independent of biological and genetic factors give rise to significant questions in the international academic discourse, which pertain to fundamental human rights. The broad spectrum of perspectives is evidenced by the presence of disparate disciplines at the international level, which have given rise to the phenomenon of reproductive tourism. In certain cases, surrogacy is regarded as a universal crime; in others, it is also permitted in its commercial form. In this chapter, following the delineation of the parameters of the international academic debate and the examination of several extant regulatory structures, the issue will be analysed through the fundamental principles of traditional bioethics, autonomy, beneficence, non-maleficence and justice. This analysis will offer valuable insights and suggest an institutionalised approach to surrogacy that can guarantee the rights of all parties involved.

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A Bioethical Analysis of the Surrogability of the Act of Procreation

  • Alessandro Ferrara

摘要

Among the various medically assisted procreation techniques, surrogacy is unquestionably the one that has given rise to the most significant ethical and philosophical issues. The commodification and exploitation of women’s bodies, the status of the child born through surrogacy, and the emergence of new forms of parenthood that are entirely independent of biological and genetic factors give rise to significant questions in the international academic discourse, which pertain to fundamental human rights. The broad spectrum of perspectives is evidenced by the presence of disparate disciplines at the international level, which have given rise to the phenomenon of reproductive tourism. In certain cases, surrogacy is regarded as a universal crime; in others, it is also permitted in its commercial form. In this chapter, following the delineation of the parameters of the international academic debate and the examination of several extant regulatory structures, the issue will be analysed through the fundamental principles of traditional bioethics, autonomy, beneficence, non-maleficence and justice. This analysis will offer valuable insights and suggest an institutionalised approach to surrogacy that can guarantee the rights of all parties involved.