Baby Gammy – problem ochrony praw dziecka a umowy o macierzyństwo zastępcze
Baby Gammy – the problem of protection of the rights of the child and the contracts for surrogate motherhood

Author(s): Paweł Bednarski
Subject(s): Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Summary/Abstract: The surrogacy agreements raise many problems of not only ethical but also legal nature. The main difficulty is related to the matter of protecting individual rights of the child and their possible violations. The article’s aim is an analysis of the famous “Baby Gammy” case and legal consequences related to it. As a result of the surrogacy agreement, concluded by intended parents and a surrogate mother, was a birth of twins. Intended parents – Australian couple Mrs. and Mr. Farnell, refused to accept one of the children due to diagnosed Down syndrome, despite the fact that Mr. Farnell was the biological father of the child. In the article were indicated some violations of individual rights of the child that occurred in this case. The basic thesis of the article is that in the case of surrogacy agreement a child may become not the subject but the object of the contract.

• Details
• Contents