Bioethics of childbirth for another (surrogate motherhood) in the Civil Code of Kosovo
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Abstract
Transformations in the biological, medical and legal processes of infertility, substantial modifications in family structure and the advancement of methods and techniques of reproductive technology will affect the next step in both legal and medical terms to address the regulation of bioethics and law in Kosovo. There is a need to establish perspectives in both ethical and professional terms, since the Republic of Kosovo is in the process of drafting a Civil Code. Many of these issues have been raised and addressed during the review and evaluation of family law in the context of harmonisation and inclusion of this law in the Civil Code of the Republic of Kosovo. During the several meetings of official members with different interest groups regarding family law, the need has been raised to regulate family law to be included in the Civil Code for motherhood and fatherhood in the case of reproduction with biomedical assistance, as well as for the birth contract as a donation for another person (so-called surrogate motherhood). These bioethical and legal issues indicate the urgent need for legal harmonisation of a multidimensional platform specifically based on the principles of public health and universal human rights
Conclusion. These bio-ethical and legal interferences indicate the urgent need for legal harmonization of a multidimensional platform specifically designed based on the principles of public health and universal human rights.
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References
Republic of Kosovo. Law No. 02/L-76 On Reproductive Health. Article 18, 19, and 20. Official Gazette no. 24/2008. Law No. 02/L-76 On Reproductive Health (rks- gov.net)
World Health Organization (WHO). International Classification of Diseases, 11th Revision (ICD-11) Geneva: WHO, 2018.
Vayena E, Rowe PJ, Griffin PD. Current practices and controversies in assisted reproduction: Report of a meeting on medical, ethical and social aspects of assisted reproduction, held at WHO Headquarters in Geneva, Switzerland. World Health Organization, 2002 https://apps.who.int/iris/handle/10665/42576 (accessed 2 May 2002).
Torres G, Shapiro A, Mackey TK. A review of surrogate motherhood regulation in south American countries: Pointing to a need for an international legal framework. BMC Pregn Childbirth 2019;19(1):46. https://doi.org/10.1186/ s12884-019-2182-1
Chamie J, Mirkin B. Surrogacy: Human right or reproductive exploitation?
http://yaleglobal.yale.edu/content/surrogacy-human-right-or-reproductive-
exploitation (accessed 5 Mar 2017).
Bärnreuther S. Innovations ‘out of place’: Controversies over IVF beginnings in
India between 1978 and 2005. Med Anthropol 2016;35(1):73-89. https://doi.org/
1080/01459740.2015.1094066
Anu, Kumar P, Inder D, Sharma N. Surrogacy and women’s right to health in India: Issues and perspective. Indian J Pub Health 2013;57(2):65-70. https://doi. org/10.4103/0019-557X.114984
Swanson K, Ayala NK, Barnes RB, Desai N, Miller M, Yee LM. Understanding gestational surrogacy in the United States: A primer for obstetricians and gynecologists. Am J Obstet Gynecol 2020;222(4):330-337. https://doi. org/10.1016/j.ajog.2020.01.037
Trimmings K, Beaumont P. International surrogacy arrangements: An urgent need for legal regulation at the international level. J Private Int Law 2011;7(3):627-647. https://doi.org/10.5235/jpil.v7n3.627
Mascarenhas MN, Flaxman SR, Boerma T, Vanderpoel S, Stevens GA. National, regional, and global trends in infertility prevalence since 1990: A systematic analysis of 277 health surveys. PLoS Med 2012;9(12):e1001356. https://doi. org/10.1371/journal.pmed.1001356
The Constitution of the Republic of Kosovo. Article 37, paragraph 1. 2014. https://mapl.rks-gov.net/wp-content/uploads/2017/10/1.constitution_of_the_republic_of_kosovo.pdf (accessed 15 June 2008).
Borská J, Švejdarová S. Legal embedment of children’s participatory rights in the Czech legal code. (Valid from January 1, 2014)
Lee RL. New trends in global outsourcing of commercial surrogacy: A call for regulation. Hastings Women’s LJ 2009;20:275.
National Greece Law no. 4272, Chapter III. [Law Of The Sector No. 4272, C. Chapter Three Regulations For Medically Assisted Reproduction (Ly.A.)]. Athens, 4 December 2015.
Bobrzyńska O. Surrogate motherhood: Current trends and the comparative perspective. Fundamental and legal issues of surrogate motherhood. Global Perspective 2019:645-58.
George A, Wooldridge D, King J, et al. Legal and ethical requirements for
developing a medical MOOC: Lessons learnt from the Paediatric Physical Examination Skills MOOC. Afr J Health Professions Edu 2021;13(1):14-17. https:// doi.org/10.7196/AJHPE.2021.v13.i1.1412