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French

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10670/1.vengzj

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Think (otherwise) the Gestation for others: philosophical and legal aspects of the new forms of reproduction

Abstract

Conference before the Commission Nationale de Santé Publique et de Bioethics du Grand Est de France. While surrogacy (GPA) is originally conceived as a form of reproduction that makes it possible to overcome the infertility of women suffering from an absence or malformation of the uterus, this technique has quickly emerged as a form of access to parenthood, not only for heterosexual couples but also for same-sex couples or single persons. It can range between: the surrogate woman, as her name indicates, bears the child of a couple (intended parents) who are the genetic parents of the embryo (plain GPA) or the surrogate woman may also be the generer, i.e. she brings her oocytes and is inseminated by one of the members of the couple, so she has a genetic link with the child, which will, however, be handed over to the intended parents (partial ABM). It may also be that the embryo implanted in the surrogate woman has no genetic link with the intended parents (embryo donation). While it has been on the media scene and in the political debate for a short time, ABM is not a new practice. In the former Testament, Abraham appears to be the first user of this form of reproduction: as his wife Sarah is sterile, her Agar slave will make him a child to insure the offspring. In ancient Rome, a citizen, whose wife was fertilised, could transfer her to another, whose woman was sterile. The child who was born from this temporary sexual union was deemed to be the second man and was raised as her own by the infertile couple. Anthropologists have also shown that in traditional societies certain forms of surrogacy are common. Family ties are a cultural phenomenon which does not necessarily correspond to organic reproduction. According to the cultural representation and the philosophical concepts underlying it, several legal responses have been given in the different countries. We can group them into three main groups: prohibitionism, liberalism, regulation.

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