Adoption and Assisted Reproduction in Germany

Legal Framework and Current Issues

Series:

Saskia Lettmaier

In Germany, as elsewhere, couples and individuals suffering from unwanted childlessness have two principal means to overcome it. One, adoption, has existed and has been quite heavily regulated in Germany for centuries. The other, assisted reproduction, has only recently come into its own with advances in medical technology and has not yet been comprehensively dealt with by the German legislature.
This monograph provides a survey of adoption and assisted reproduction as alternative (non-coital) ways of establishing parent-child relationships in Germany.

Other titles published in this series:
- Economic Consequences of Divorce in Korea, Hyunjin Kim; isbn 9789004323711
- Assisted Reproduction in Israel; Law, Religion and Culture, Avishalom Westreich; isbn 9789004346062
- Feminicides of Girl Children in the Family Context; An International Human Rights Law Approach, Clara Chapdelaine-Feliciati; isbn 9789004330870

Series:

Wenche Barth Eide and Asbjørn Eide

This volume constitutes a commentary on Article 24 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.

Series:

Jasper A. Bovenberg

Who owns our DNA? The intuitive answer to this question is readily apparent: you own your own DNA. However, since Watson and Crick discovered its molecular structure, our DNA has gradually evolved from the Secret of Life to a potentially lucrative Commodity. This development has triggered conflicting perspectives as to who holds legal title to our blood, genes and related health data. Rather than focusing on a specific property claim in isolation, this book is the first to provide an integrated analysis of the merits of each of these perspectives. While the United Nations have proclaimed human DNA as the Heritage of Humanity, industry claims it to be patentable subject matter. Whereas populations whose DNA is used in national biobanks claim their DNA as their National Property, individual patients increasingly stand up for their Personal Property Rights in their samples. Meanwhile academic researchers claim their collections of biological materials as their Academic Property. Taking a case and context driven approach and backing up traditional legal analysis with historical analogies, web-surveys and practical experience, Jasper Bovenberg provides counter-intuitive, provocative and practical answers and recommendations for such controversial issues as how to share the benefits of DNA research, whether or not to recognize personal property rights in bodily material and access to biomedical datasets in academia. This book will interest not only lawyers and researchers, but also universities, funding agencies, industry and policymakers worldwide. It is also written to inform patients, their relatives, doctors and anyone else with an interest in a dilemma that is as universal as our DNA.

Manfred Nowak

This volume constitutes a commentary on Article 6 of the United Nations Convention on the Rights of the Child, guaranteeing the right to life, survival and development. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.

Edited by Cosimo Marco Mazzoni

Scientific research on biotechnologies has become the protagonist of discoveries that exert a formidable impact on public opinion. Every day popular opinion is challenged by the media, so that it becomes not only a witness of these developments, but is also, to a certain extent, forced to become a judge of those cases where human and animal genetics have been investigated over the last decades. The man-in-the-street is thus confronted by moral positions ranging from cautious approval, to wait-and-see attitudes, to unconditional condemnation.
On the other hand, scientists are involved in the ethical evaluation of the results of their own research. However, the results of scientific pursuits are capable of producing immediate effects on the daily life of every human being. Consequently, alongside the scientists, people feel strongly about their need and their right to contribute to an accurate assessment of the effects of science on society.
This is a collection of essays reflecting a considerable range of different cultural experiences and different ethical underpinnings. The main subject is cloning. Cloning is the most accessible and most readily perceived point of convergence from which ethical judgments on the current developments of scientific investigations can be proposed. Cloning is also the `paradox' on which the confrontation between scientific research and popular imagination is focused.

The International Code of Marketing of Breast-Milk Substitutes

An International Measure to Protect and Promote Breast-Feeding

Sami Shubber

The International Code of Marketing of Breast-milk Substitutes is the first original legal instrument of its kind adopted by the World Health Organization, in cooperation with UNICEF. The International Code, for the first time at the international plane, deals with a health issue that is of considerable importance to any society, namely, the healthy growth and development of infants. This volume is a thorough analysis of the provisions of the international code, and gives a detailed account of its history.
The aim of the International Code and its material scope and definitions and certain known marketing practices to promote the use of breast-milk substitutes are described, as well as its implementation and the question of whether or not Member States of WHO are under a legal obligation to implement it. Modes of implementation are addressed, as is the monitoring of the International Code by States, individually and collectively, as well as self-monitoring by the infant-food industry, and the role of NGOs, institutions and individuals in the process. An appendix, containing the text of the International Code, and the relevant resolutions of the World Health Assembly and the Executive Board of WHO, a bibliography and a detailed index conclude the volume.

Edited by Cosimo Marco Mazzoni

A comparative analysis of the legislation in the field of bioethics in several Western countries, especially in European Union member states, shows that there is a profound difference both in legislative policies and in the ethical principles enshrined by the laws.
Over the past few years bioethics, as a discipline, has attempted to elaborate individual and collective behavioural codes in several fields, but it has come up against enormous difficulties; it has not even been possible to reach a consensus between different countries on the general principles. An example of this is the recent Convention on Bioethics endorsed by the Council of Europe.
The aim of the essays contained in this book is to highlight the differences between existing regulations in several countries, and to stress how necessary it is to elaborate a legal framework that could be shared by the widest range of national legislations. For there is no denying that technological advances in the fields of both biology and medicine, as well as progress in surgical treatments, mean that jurists the world over are faced with a common scientific reality. The task of the jurist must therefore be to engage in a comparative analysis so as to overcome the differences in national legislations.

Health and Humanitarian Concerns

Principles and Ethics

Henryk Leszek Zielinski

The founders of the Red Cross/ Red Crescent Movement proceeded from their involvement in specific experience to develop a series of Fundamental Principles. In Health and Humanitarian Concerns: Principles and Ethics, Dr. Henryk Leszek Zielinski proceeds from experience to Fundamental Principles and back again, providing health professionals with clear guidance for confronting specific problems - including natural disasters, forced feeding, torture, biomedical research and HIV and AIDS discrimination - while simultaneously presenting these medical and social dilemmas in the context of the broader humanitarian principles which underlie the Red Cross and Red Crescent Movement.
Upon reading Dr. Zielinski's book, health professionals will either change their approach to complex humanitarian solutions by following Dr. Zielinski's systematic approach, or they will maintain the same course of action but with a deeper understanding and a firmer commitment to the spirit and the letter of the Movement. In either case, Dr. Zielinski's book is an invaluable guide for all who seek to make a personal contribution to the relief of suffering in the modern world.