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Published on: August 4, 2023
Learning from Cross-Border Reproduction.
Emily Jackson1, Jenni Millbank2, Isabel Karpin2
1Law Department, London School of Economics, London, UK.
Regulators should learn from individuals undergoing cross-border reproduction (CBR). Current distinctions between altruistic and commercial surrogacy are unclear, and legal status is ambiguous for participants navigating fertility treatments abroad.
Area of Science:
- Reproductive Law
- Sociology of Reproduction
- Health Policy
Background:
- Cross-border reproduction (CBR) involves individuals traveling internationally for fertility treatments and surrogacy.
- Existing regulatory frameworks for assisted reproductive technologies often struggle to accommodate the complexities of CBR.
- There is a growing need to understand participant experiences to inform effective policy.
Purpose of the Study:
- To analyze the experiences of individuals engaged in cross-border reproduction.
- To identify key challenges and insights for regulators and policymakers.
- To propose recommendations for more responsive and effective regulation of CBR.
Main Methods:
- The study draws upon preliminary findings from an Australian empirical project on CBR.
- Qualitative data likely gathered through interviews or surveys with participants.
- Analysis of the lived experiences of individuals navigating international fertility journeys.
Main Results:
- The distinction between 'altruistic' and 'commercial' gamete donation and surrogacy is increasingly blurred and lacks meaning for many CBR participants.
- The legal status of CBR is perceived as ambiguous and inconsistent by those involved.
- Information and peer support for reproductive travelers are predominantly sourced from the internet and social media platforms.
- Domestic reproductive service providers are frequently bypassed by individuals pursuing CBR.
Conclusions:
- Current regulations may not effectively minimize harm to participants in CBR due to their disconnect from participant realities.
- Reforms in CBR regulation must be more responsive to the actual experiences and information-seeking behaviors of individuals.
- Policymakers should consider the evolving nature of assisted reproduction and the role of digital platforms in shaping participant journeys.
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