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Legal Change and Stigma in Surrogacy and Abortion
1Vinson & Elkins Professor at the University of Texas School of Law. He is past Chair of the Ethics Committee of the American Society of Reproductive Medicine and author of Children of Choice: Procreative Liberty and the New Reproductive Technologies (Princeton University Press, 1994).
Legalization can reduce, but not eliminate, the stigma surrounding surrogacy and abortion. However, post-legalization regulations may reintroduce stigma by creating barriers to accessing these practices.
Area of Science:
- Sociology of Law
- Reproductive Rights Studies
Background:
- Surrogacy and abortion are practices often associated with significant social stigma.
- Stigma can negatively impact individuals' access to and experience of these reproductive options.
Purpose of the Study:
- To examine the complex relationship between legal changes and the persistence or reintroduction of stigma for surrogacy and abortion.
- To analyze how post-legalization regulatory frameworks may inadvertently perpetuate stigma.
Main Methods:
- Qualitative analysis of legal frameworks and social discourse surrounding surrogacy and abortion.
- Review of existing literature on stigma and reproductive technologies.
Main Results:
- Legalization of surrogacy and abortion demonstrably lessens associated stigma.
- Regulatory measures implemented after legalization can create practical barriers, effectively reintroducing stigma.
- The law's intent to remove stigma may be undermined by its subsequent regulatory actions.
Conclusions:
- While legal reform can mitigate stigma, it does not eradicate it.
- Careful consideration of regulatory design is crucial to avoid re-stigmatization of legalized reproductive practices.
- Legal frameworks must balance access with regulation to prevent unintended reinforcement of social stigma.
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