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International Surrogacy Arrangements, Legal Regulation at the International level (Studies in Private International Law) by Katarina Trimmings and Paul Beaumont (Hart Publishing Ltd)

Vishwam Jindal presents a detailed account of the regulatory framework on surrogacy across different countries. The account is well-written and systematically presented.
 

The book has been divided into three parts. Part I contains National reports on domestic approaches to surrogacy. Reports from Argentina, Australia, Belgium, Brazil, China, Czech Republic, France, Germany, Greece, Guatemala, Hungary, India, Ireland, Japan, Mexico, Netherlands, New Zealand, Russia, South Africa, Spain, Ukraine, United Kingdom, United States of America and Venezuela have been covered. Written by experts, these reports have essentially discussed the domestic legal framework in light of the legislative enactments and any applicable judicial decisions. Cross-border issues present within the domestic legal system have also been highlighted. Applicable private international law rules have find mention. I found Part I to be quite comprehensive and well-written. Broadly, the experts have managed to meticulously cover the domestic regulatory framework and state all the relevant information. However, I believe that surrogacy as a practise is not restricted to these nations. National reports from certain CIS and former USSR nations should also have been included. Furthermore, certain Asian nations like Thailand and Philippines, where surrogacy flourishes, should also have been covered. Had these and certain other nations also been covered, the book would have been a complete code on the subject.

Part II of the book seeks to supplement the national reports and contains two articles by leading commentators. While Yasmine Ergas writes about the practise of surrogacy from a human rights perspective, Hannah Baker looks at the possibility of a future international instrument on surrogacy. Both these commentators are leading professionals in their field and their ideas have been presented in a very coherent manner. I found these pieces to be extremely relevant and informative. Both articles supplement the national reports in Part I. However, I feel that this part could have included articles that analyse surrogacy from a political, cultural and sociological perspective too. This would have ensured that all aspects of the practice are touched upon. Selectively choosing human rights, when cultural, religious and sociological considerations are equally important might convey to a layman that it is the only influencing factor or a more crucial factor than the others, which I believe is not the case. Nevertheless, the articles are extremely well-written and a must read!

Part III of the book starts with the larger question of whether the discipline of Surrogacy should be regulated at the global level and has been answered in the affirmative by the authors believing that prohibition of cross-border surrogacy will not put an end to it. Infact, it will open the floodgates to unregulated and unchecked practice in the black market. Accordingly, as the authors call it, the best way out is to choose the lesser of the two evils and regulate it. This section has also been extremely well-written and seeks to analyse the practice of surrogacy taking into account the domestic frameworks from Part I and issues highlighted in Part II. I am particularly impressed by the easy to read and comprehend phraseology and use of words. The chapter highlighting the anecdotal evidence through statistical surveys of cross-border surrogacy arrangements is an impressive read. Problems and Issues have been clearly structured and the finer nuances and distinctions of the subject have been meticulously dealt with.

This book is highly insightful and important in its current form. The use of authorities and references is extensive, wide-ranging and noteworthy. It is an important body of knowledge for professionals in the practice or study of surrogacy and assisted reproductive technologies. Reflections on lessons from a comparative perspective will aid and assist any decisions being taken on regulating surrogacy on an international level.

VISHWAM JINDAL is an Advocate in the Punjab & Haryana High Court, Chandigarh and an Associate Editor with India Law Journal. He may be reached at vishwam@indialawjournal.com / jindalvishwam@gmail.com. He assisted Katarina Trimmings in obtaining valuable resources on Surrogacy in India
 
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