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Universidad de Ottawa-Facultad de derecho. Gestación por Sustitución en Canadá: Practicas jurídicas y perspectiva
18 noviembre, 2021 @ 2:30 am - 4:30 am
Canadian lawmakers and scholars have long expressed concern about surrogacy arrangements. They have worried that surrogates will be ill-informed of their legal rights. They have argued that surrogacy contracts will favour intended parents’ interests. They have also feared that surrogates will change their minds and will wish to keep the children they carry. In this presentation, I will discuss results from in-depth, qualitative interviews that I conducted with twenty-six Canadian fertility lawyers. Lawyers offered new insight into the legal advice they provide to surrogates, the content of surrogacy contracts, and the disputes they have seen arise between surrogates and intended parents. Their narratives show that some of the concerns that lawmakers and scholars have had about surrogacy arrangements are warranted; however, they also provide a more nuanced and complicated account of what lawyers are doing and seeing in their practices. These interviews suggest that while surrogates may be vulnerable in these arrangements, they may also be afforded more protection, and may exercise greater agency and power, than has been traditionally assumed.