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Law and Contemporary Problems

2009

Commoditization

Articles 1 - 3 of 3

Full-Text Articles in Law

Surrogacy And The Politics Of Commodification, Elizabeth S. Scott Jul 2009

Surrogacy And The Politics Of Commodification, Elizabeth S. Scott

Law and Contemporary Problems

Scott explores the history of surrogacy over the past twenty years. She also offers a historical account of the legal and social issues surrounding surrogacy over the past twenty years. She seeks to explain how and why the social and political meanings of surrogacy have changed over the past decade. Furthermore, she examines how surrogacy was framed as commodification in the Baby M context.


Commercial Surrogate Motherhood And The Alleged Commodification Of Children: A Defense Of Legally Enforceable Contracts, Hugh V. Mclachlan, J. Kim Swales Jul 2009

Commercial Surrogate Motherhood And The Alleged Commodification Of Children: A Defense Of Legally Enforceable Contracts, Hugh V. Mclachlan, J. Kim Swales

Law and Contemporary Problems

A surrogate-motherhood arrangement is one in which a woman agrees to bear a child for a commissioning couple. She carries the child through pregnancy and subsequently surrenders the child to the commissioning couple. There are two sorts of surrogate motherhood: genetic and gestational. Here, McLachlan and Swales discuss these two types. They further argue that commercial surrogate-motherhood contracts should be legally enforceable, despite the vociferous and prevalent opposition to them. Also, they argue that they do not involve the commodification of children, nor in other ways are they contrary to the interests of the children concerned. Here, they also present …


Gender And The Value Of Bodily Goods: Commodification In Egg And Sperm Donation, Rene Almeling Jul 2009

Gender And The Value Of Bodily Goods: Commodification In Egg And Sperm Donation, Rene Almeling

Law and Contemporary Problems

Listing a child for sale in the local paper's classified section is unthinkable, and it is illegal for donors to sell organs in the US. Yet fertility programs routinely recruit young women and men to "donate" eggs and sperm in return for financial compensation. Payments to women vary substantially, both within particular agencies and in different regions of the US, but the national average is around $4,200. Here, Almeling constructs a theoretical framework analyzing the social process of assigning value to the human body. He further describes the historical emergence of the market in eggs and sperm before turning to …