Contract law, reproductive justice, and LGBT instances in surrogate motherhood: some reflections.

Journal title SOCIOLOGIA DEL DIRITTO
Author/s Luca Guizzardi
Publishing Year 2021 Issue 2021/1
Language Italian Pages 24 P. 119-142 File size 301 KB
DOI 10.3280/SD2021-001005
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This paper reflects on surrogacy, by taking into consideration three major items. The first one concerns surrogacy as contractual practice and the possibility to subsume numerous relational dimensions under contractual schemes. The second item relates to surrogacy as reproductive justice, namely by delving into the issue of whether the area of reproductive rights includes women’s choice of being surrogate mothers. The third one addresses the issue of surrogacy as a possible LGBT right to have access to medically assisted procreation. In the final remarks, the author tries to outline a ‘queer’ ontology of the person, by seeking to identify two legal models that are sketched in the article.

Keywords: Surrogacy - Contract Law - Reproductive Justice - LGBT- Queer - Vulnerability

  • ABANDONO DO PROJETO PARENTAL PELA GESTANTE POR SUBSTITUIÇÃO: UMA HIPÓTESE DE DANO RESSARCÍVEL? ABANDONMENT OF THE PARENTAL PROJECT BY SURROGATE MOTHERS: A HYPOTHESIS OF COMPENSABLE DAMAGE? GRACE CORREA PEREIRA Pereira, in Revista de Direito de Família e Sucessão /2024
    DOI: 10.26668/IndexLawJournals/2526-0227/2024.v10i1.10458

Luca Guizzardi, Contrattualità, giustizia riproduttiva e istanze LGBT nella surrogacy: alcune riflessioni in "SOCIOLOGIA DEL DIRITTO " 1/2021, pp 119-142, DOI: 10.3280/SD2021-001005