Creative Conflicts: Shaping the Law on Surrogacy and Assisted Reproduction in Québec and Canada

Creative Conflicts: Shaping the Law on Surrogacy and Assisted Reproduction in Québec and Canada

Creative Conflicts: Shaping the Law on Surrogacy and Assisted Reproduction in Québec and Canada

Creative Conflicts: Shaping the Law on Surrogacy and Assisted Reproduction in Québec and Canadas

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Référence bibliographique [19368]

Vespoli, Julie D. 2016. «Creative Conflicts: Shaping the Law on Surrogacy and Assisted Reproduction in Québec and Canada». Mémoire de maîtrise, Montréal, Université de Montréal, Faculté de droit.

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Fiche synthèse

1. Objectifs


Intentions :
«This memoir is […] an overview of the state of the law in Canada and Québec on surrogacy and assisted reproduction. I discuss the dissonance between the practice of surrogacy and assisted reproduction in the country and the current criminal prohibitions under the Assisted Human Reproduction Act, the regulatory vacuum left by the Supreme Court’s decision in Reference re Assisted Human Reproduction Act, which the provinces are reluctant to fill, as well as the incongruity with which parentage laws are being shaped in the provinces where surrogacy arrangements are involved.» (p. ii)

2. Méthode


Échantillon/Matériau :
Données documentaires diverses

Type de traitement des données :
Réflexion critique

3. Résumé


«Despite being the sole province with a legal framework on assisted reproduction, Québec has poorly connected this framework to family law’s discourse on surrogacy. Indeed, surrogates have been, for the most part, studied as abstract legal subjects within an atomistic liberal perspective in family law and practically omitted under the legal analysis afforded by Québec adoption courts. I argue that a more holistic point of view is necessary in the shaping of new laws and policy on surrogacy and assisted reproduction. I propose Against Family Law Exceptionalism and Relational Theory as analytical tools to broaden the discussion on the subject. I highlight Jennifer Nedelsky’s relational theory particularly, as her ideas underscore the complexity of human subjects and relationships, a complexity which I argue is primordial for jurists to consider when examining creative conflicts.» (p. ii)