Journal of Medical Research and Health Sciences

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Does the practice of the European Court of Human Rights have any legal implications on the development of cross-border surrogacy?

ChakhvadzeB.I., ChakhvadzeG.B. , Fedotova E.V.
Authors: Besarion Chakhvadze. MD, PhD.George Chakhvadze. LLM student of Public law.Elena Fedotova. MD, PhD. Assistant at Northern State Medical University. Arkhangelsk, Russia.Abstract:Medical tourismis the area of tourism, the aim of which is to organize the treatment of citizens abroad. Medical tourism appeared relatively recently, but already established itself as one of the most popular types of tourism. It combines several areas: recreation; health improvement; therapy etc.According to G. Pennings, ,, In recent years the term ̳reproductive tourism‘ has been increasingly used to refer to couples travelling from their country of residence to another in order to receive specific infertility treatment not allowed or not available in their own country―.4The cross-border or international surrogacy is the kind of reproductive tourism. It means that ,,the patients have the purpose of going around the restrictions and bans their national legislation has set down in the country of origin and obtaining care not avalaible to them domestically. This is often a direct consequence of restrictive legislation indomestic countries, and as such needs to be dealt with by their domestic legislation‖.5International or cross-border surrogacy (also referred as reproductive tourism) is a contract between potential parents and a surrogate mother abroad. In most cases, they are commercial in nature. That is to say, women are paid for their services.Many countries ban paid surrogacy. Others allow for reasonable medical expenses to be paid. Nineteen states of the USA have laws recognizing compensated surrogacy. Some scholars argue that India and Ukraine are two of the most popular destinations for commercial surrogacy.6Article 8 of the Europeam Convention on Human Rights protects private life, home and correspondence of the person. Moreover, the content of Article 8 is more broad and, among other things, it refers to a number of the so called ,,medical rights.‖ The judicial practice of the European Court on Human Rights shows that 1MD, PhD. Surgeon, Head of Quality Assurance Department at Healthcare Center ,,MEDINA‖. Vice-chief of the Department of Surgery at Batumi Republican Clinical Hospital.2LLB in International Law, Tbilisi State University. LLM student of Public Law at Caucasus University. Tbilisi, Georgia.3Doctor of Medicine (PhD) . Assistant. Northern State Medical University. Arkhangelsk, Russia. Surgeon at Severodvinsk City Hospital #2. Arkhangelsk, Russia.4PenningsG(2004) Legal harmonization and reproductive tourism in Europe.HumReprod19,2689–2694.5RintamoS. ,,Regulation of Cross-Border Surrogacy In Light of the European Convention on Human Rights and Domestic and the European Court of Human Rights Case law‖. University of Helsinki. 2016. p. 3.6Bala N. ,,Thehidden costs of the European Court of Human Rights‘ Surrogacy Decision‖. The Yale Journal of International Law Online. p. 12.

Abstract

Medical  tourismis  the  area  of  tourism,  the  aim  of  which  is  to  organize  the  treatment  of  citizens  abroad. Medical tourism appeared relatively recently, but already established itself as one of the most popular types of  tourism.  It  combines  several  areas:  recreation;  health  improvement;  therapy  etc.According  to  G. Pennings, ,, In recent years the term  ̳reproductive  tourism‘ has been increasingly used to refer to couples travelling  from  their  country  of  residence  to  another  in  order  to  receive  specific  infertility  treatment  not allowed  or  not available  in  their  own  country―.4The  cross-border  or  international  surrogacy  is  the  kind  of reproductive tourism. It means that ,,the patients have the purpose of going around the restrictions and bans their  national  legislation  has  set  down  in  the  country  of  origin  and  obtaining  care  not  avalaible  to  them domestically. This is often a direct consequence of restrictive legislation indomestic countries, and as such needs to be dealt with by their domestic legislation‖.5International or cross-border surrogacy (also referred as  reproductive  tourism)  is  a  contract  between  potential  parents  and  a  surrogate  mother  abroad.  In  most cases, they are commercial in nature. That is to say, women are paid for their services.Many countries ban paid surrogacy.  Others allow for reasonable medical expenses to be paid. Nineteen states of the USA have laws  recognizing  compensated  surrogacy.  Some  scholars  argue  that  India  and  Ukraine are two  of  the  most popular destinations for commercial surrogacy.

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How to Cite
Fedotova E.V., C. (2018). Does the practice of the European Court of Human Rights have any legal implications on the development of cross-border surrogacy?. Journal of Medical Research and Health Sciences, 1(03), 24-28. Retrieved from http://jmrhs.info/index.php/jmrhs/article/view/5
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