Since Italy last October, most countries have put in place the arrangements for interdire or limiter le recours à la pregnancy for autrui (GPA), so that the motive prevents the exploitation and the merchandising of women and children. Mais le « marché » is a function of national legislative developments. The experts call for universal abolition.
On October 16, the Italian Senate passed a new legislation that renewed the end of pregnancy for autumn (GPA), which is a practice consisting of a convention by a woman called “more porteuse”, a child for a couple accepts (ou a person), dénommés « parents of intention » or « parents commanditaires ». Desormais, the Italian who appeals to a GPA, will have a problem with three people with a prison sentence and a change of only 1 million euros.
The objective confirmed par Giorgia Meloni etc certain members the Italian government has taken up the fight against the exploitation and commodification of women and children and the enactment of a law 2004with the intervention of Italian citizens (and others) the realizer, organizer or fair publicity for the GPA in the Italian territory.
Once you have voted, the new Italian legislation favors lively debates. Qualifiée de loi homophobe par surees associationselle vice for our Italian citizens.
The GPA is sensible, there are many debates on ethical, legal and medical issues in the world. La nouvelle législation italienne fera-t-elle echoes d’autres Etats?
La GPA and debates
I exist two forms of GPA : traditional, the more porteuse is the more general (or practical is marginal) and the gestationnelle, the more porteuse is no more generic with the child.
The two GPA forms can be altruistic or commercial. If you are a GPA altruistic, this is an “ethical” way, the porteuse is not the remuneration directorate for your reproductive faculties, but you will receive some form of compensation, little or no (down in nature, gifts, travel, dépenses matérielles, soins medicaux non pris en charge, pertes de salaire). And look at the GPA commercialIt is more of a porteuse that a financial counterparty can use for a large compensation.
If the forms and modalities of the GPA differ, note in France, or the practice is interdite. Certain partisans, like the philosopher Marleen Jouanwith the intention that the more porteuse is free from consent to a GPA as the principle of the autonomy of voluntariness. La GPA, pour d’autres, offers la opportunity to become a family member in the case of infertility and allowing a child consisting of two intended parents, contrary to adoption. D’autres, tel que Elisabeth Badinterif you have a preference for a GPA ethics without a more porteuse compensation, you will regret the case of a decisive decision for the child.
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The opponents can no longer use arguments. Pour René Frydmangynecologist who contributed part of the medical sector to the naissance of the first French Prime Minister, cannot consist of children’s rights. Those who are outspoken against the soul of the GPA cannot have any real free choice. I have the example of des Etats-Unis and the l’Ind Our GPA is practical for economically necessary women. If there are medical and psychological risks for more porteuse and more children for donating eggs, the object of exploitation and bargaining can be fair.
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A global march
After the premiere of GPA during pregnancy 1985 At universities, the resources being used more are exponential.
The GPA status and commercial value are more practice and practice in a global market with a price variant of 120,000 and 150,000 dollars Etats-Unis et 40,000 and 50,000 dollars, namely Ukraine. The global price includes the fee for more porteuse, which is worth $20,000 to $55,000 Etats-Unisand $13,000 Ukraine. The remaining part is between various intermediaries: the practice of the GPA, the egg donors, the agents and lawyers who intervene in the intention of the parents and the more porteuse for the death and guaranteeing the implementation of the GPA convention . The global march of the GPA is aujourd’hui $21.85 billion and we will have earned $195.97 billion by 2034.
Beyond the GPA classes that pay in different ways, the diversification of the arrangements for parents who want to be alive in the payment, or the practice, interdition of their tourners vis-à-vis the payments or the access to a more porteuse that is most possible .
Various legal systems exist that crisscross the world
In France the GPA is strictly interdite. Cette interdiction française, d’abord jurisprudentielle en 1991an été consacrée par les premières Lois de bioéthique from 1994don’t les révisions successives en 2004, 2011 etc 2021maintain the prohibition regime.
At the civil level, the GPA convention is est zero : the contract of the GPA cannot be produced in an effet jurisdiction. In the event of a conflict between the intention of the parents and the porteuse, the two parties cannot fight against justice to gain respect for each other. Moreover, the GPA convention is not sufficient if the child’s lineage encounters the parents’ intentions, with the exception of the GPA carried out at the border. It’s useless d’ordre public : elle vice, even the French councilor, protects the general interests and can appeal to the interested party through the ministerial public.
At the criminal level, there are no offenses specific to the application of the GPA. There are certain behaviors that are sensitive to participation in a GPA when it comes to criminal offenses, when it comes to its consequencescompany in the vue d’une GPAD’encouragement to abandon the child you the hypocrisy can pay attention to a child’s marital statuslorsqu’ils in French territory.
Instar de la France, l’Allemagne and I’Spain interdisent the GPA, which is an important topic forms and modalities.
In the world, the laws are related to the GPA variety. Certain conditions under certain conditions (Royaume Uni, Ind, Ukraine, Greece, Russian) without condition of nationality, gender or marriage, as the case may be California.
When it comes to education, the GPA is not an interdisciplinary authorization. Using this hypothesis, it is certain that the GPA is unique (Belgium, Republic of the Czech Republic), on the other side of the world, which has jurisdiction over the direction of the GPA industry to exercise and propose commercial GPA commercials, with a reward that no longer works $5,000 pour la mère porteuse. This is the note Colombia.
Faced with the abundance of demands from strangers, the reason of the ban or restriction of the GPA in our country of origin, or of the advantage of the practice on the higher prices, certain institutions, tell us what happened ThailandI’Ind old le Cambodia between the GPA and other countries in the area of my goal in Italy. As the GPA march takes place, the restrictions imposed by legislators are abolished and the risks of exploitation and commodification of women and children are transferred to another.
Versus a generalization of the GPA ban?
Avant l’Italie, certain Etats and areas of Australia and la Turquoise have an aussi institute an extraterritorial GPA defect in our legislation.
Au level européen, une European directive of April 23, 2024 who has explored the GPA of reproductive exploitation as a form of human trait « They can give an interpretation of a ban on the GPA. »
At international level, on March 3, 2023, a centaine d’experts of 75 nationalities signed Casablanca Declaration for the Universal Abolition of the GPA and a proposal for an international treaty project in this perspective. This declaration invites states to take concrete measures to protect women and children against the risks of exploitation and bargaining.