在海外进行商业代孕的赔偿?
1Lecturer, School of Law, University of New England.
Journal of law and medicine
|June 5, 2023
概括
本案探讨了临床疏忽后商业代孕的损害赔偿. 将英国和澳大利亚的代孕法律进行比较,表明由于生殖自主考虑,澳大利亚一些州的结果类似.
科学领域:
- 医疗法 法律 医疗法
- 生殖法 生殖法 繁殖法
- 法律比较研究 法律比较研究
背景情况:
- 惠廷顿医院NHS信托基金会的临床疏忽使原告无法怀孕.
- 这导致了英国最高法院的案件,涉及商业代孕的损害赔偿.
- 这起案件突出了医疗疏忽,生殖权利和代孕法的交叉点.
研究的目的:
- 分析英国最高法院在惠廷顿医院NHS信托对XX的判决.
- 为了比较英国和澳大利亚的代孕法律.
- 评估类似案件在澳大利亚如何被裁决,并讨论生殖自主权.
主要方法:
- 对惠廷顿医院NHS信托对XX的判例分析.
- 英国和澳大利亚代孕立法的比较法律分析.
- 讨论与生殖自主性和生育能力丧失有关的法律原则.
主要成果:
- 英国最高法院的判决涉及商业代孕的赔偿.
- 英国和澳大利亚的代孕法律之间存在显著的差异和相似之处.
- 澳大利亚类似案件的结果可能因州而异,但在某些司法管辖区可能与英国的决定一致.
结论:
- 在生育能力丧失的情况下,生殖自主性的概念至关重要.
- 围绕代孕和临床疏忽的法律框架需要仔细考虑个人权利.
- 对比分析表明,在不同司法管辖区,关于代孕损害赔偿的法律结果可能趋同.
相关概念视频
In Vitro Fertilization
338
In vitro fertilization (IVF) is a form of assisted reproductive technology where an egg is fertilized with sperm in a controlled laboratory environment before transferring the resulting embryo into the uterus. This process is designed to help individuals and couples experiencing difficulties conceiving.
The IVF process begins with ovarian stimulation, during which reproductive endocrinologists prescribe hormonal medications to stimulate the ovaries to produce multiple eggs instead of the single...
The IVF process begins with ovarian stimulation, during which reproductive endocrinologists prescribe hormonal medications to stimulate the ovaries to produce multiple eggs instead of the single...
338
Reproductive Cloning
30.6K
Reproductive cloning is the process of producing a genetically identical copy—a clone—of an entire organism. While clones can be produced by splitting an early embryo—similar to what happens naturally with identical twins—cloning of adult animals is usually done by a process called somatic cell nuclear transfer (SCNT).
Somatic Cell Nuclear Transfer
In SCNT, an egg cell is taken from an animal and its nucleus is removed, creating an enucleated egg. Then a somatic...
Somatic Cell Nuclear Transfer
In SCNT, an egg cell is taken from an animal and its nucleus is removed, creating an enucleated egg. Then a somatic...
30.6K
Infertility in Males
299
Male infertility affects millions of couples worldwide, arising from various factors that impact different stages of the reproductive process. An endocrine imbalance resulting from conditions like hypogonadism, Klinefelter syndrome, or pituitary disorders can disrupt hormone levels and reduce sperm production. Testicular defects, such as tumors, cryptorchidism, atrophic testes, abnormal sperm morphology, and low sperm count or motility, may arise due to genetic factors, structural...
299
Gonadal and Placental Hormones
1.6K
The gonads, namely the testes in males and the ovaries in females, are pivotal in producing gonadal hormones that orchestrate the intricate processes of sexual development and reproduction.
In males, testosterone is the primary gonadal androgen. It plays a central role in the maturation of male reproductive organs — the penis and testes. Additionally, testosterone is instrumental in the development of secondary sexual characteristics — a deep voice as well as facial and pubic hair...
In males, testosterone is the primary gonadal androgen. It plays a central role in the maturation of male reproductive organs — the penis and testes. Additionally, testosterone is instrumental in the development of secondary sexual characteristics — a deep voice as well as facial and pubic hair...
1.6K
Infertility in Females
355
Female infertility is defined as the inability to conceive after a year of regular, unprotected intercourse and affects about 10–15% of couples worldwide. The primary cause of female infertility is ovulatory disorders, which hinder the release of eggs. These disorders can be classified as hypothalamic amenorrhea, polycystic ovarian syndrome (PCOS), premature ovarian failure, and hyperprolactinemic anovulation disorders.
Endometriosis, a condition characterized by abnormal growth of...
Endometriosis, a condition characterized by abnormal growth of...
355
Teratogenicity
2.5K
The ability of a drug to produce structural deformations and functional abnormalities in the developing embryo or the fetus is called teratogenicity, and the drug producing this effect is known as a teratogen. Teratogenic effects include stillbirth, miscarriage, intrauterine growth restriction, and neurocognitive delay. A teratogen may affect the embryo at different stages of development, which is important in determining the type and extent of the damage. During blastocyst formation, the early...
2.5K


