International cross-border surrogacy: an analysis of the Malaysian legal position

This article explores the legal implications that arise out of cross border surrogacy arrangements. There is a need to examine the issues that arise out of such surrogacy arrangements because it affects the responsibilities towards the resulting child. The article discusses among others, the problem...

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Main Authors:	Zawawi, Majdah, Alias, Siti Aliza
Format:	Article
Language:	English English
Published:	Ahmad Ibrahim Kulliyyah of Law , IIUM Gombak. 2016
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/55874/ http://irep.iium.edu.my/55874/ http://irep.iium.edu.my/55874/1/iium%20law%20j%20289-977-1-PB%20%281%29.pdf http://irep.iium.edu.my/55874/7/55874_International%20cross-border%20surrogacy_WoS.pdf

id	iium-55874
recordtype	eprints
spelling	iium-558742017-11-10T10:55:58Z http://irep.iium.edu.my/55874/ International cross-border surrogacy: an analysis of the Malaysian legal position Zawawi, Majdah Alias, Siti Aliza K Law (General) This article explores the legal implications that arise out of cross border surrogacy arrangements. There is a need to examine the issues that arise out of such surrogacy arrangements because it affects the responsibilities towards the resulting child. The article discusses among others, the problems in determining the legal parents, registration, custody and citizenship of the child. It is submitted that surrogacy arrangements, especially commercial surrogacy undermines the concept of the family and such an arrangement is immoral and opposed to public policy. In discussing these issues, this article is divided into six parts. Part One looks at the legality of surrogacy arrangements in Malaysia and around the world. Once this is done, Part Two analyses the effect of surrogacy arrangements under existing Malaysian laws. This then brings the discussion to Part Three, which examines the possibility of adopting the child in Malaysia. Part Four outlines the citizenship issues that arise out of a surrogacy arrangement. Following this a brief discussion on several unsettling issues is made in Part Five. Part Six then extrapolates the notion of reproductive responsibility before the paper is concluded. Ahmad Ibrahim Kulliyyah of Law , IIUM Gombak. 2016 Article PeerReviewed application/pdf en http://irep.iium.edu.my/55874/1/iium%20law%20j%20289-977-1-PB%20%281%29.pdf application/pdf en http://irep.iium.edu.my/55874/7/55874_International%20cross-border%20surrogacy_WoS.pdf Zawawi, Majdah and Alias, Siti Aliza (2016) International cross-border surrogacy: an analysis of the Malaysian legal position. IIUM Law Journal, 24 (2). pp. 283-307. ISSN 0128-2530 E-ISSN 2289-7852 http://journals.iium.edu.my/iiumlj/index.php/iiumlj/about
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Zawawi, Majdah Alias, Siti Aliza International cross-border surrogacy: an analysis of the Malaysian legal position
description	This article explores the legal implications that arise out of cross border surrogacy arrangements. There is a need to examine the issues that arise out of such surrogacy arrangements because it affects the responsibilities towards the resulting child. The article discusses among others, the problems in determining the legal parents, registration, custody and citizenship of the child. It is submitted that surrogacy arrangements, especially commercial surrogacy undermines the concept of the family and such an arrangement is immoral and opposed to public policy. In discussing these issues, this article is divided into six parts. Part One looks at the legality of surrogacy arrangements in Malaysia and around the world. Once this is done, Part Two analyses the effect of surrogacy arrangements under existing Malaysian laws. This then brings the discussion to Part Three, which examines the possibility of adopting the child in Malaysia. Part Four outlines the citizenship issues that arise out of a surrogacy arrangement. Following this a brief discussion on several unsettling issues is made in Part Five. Part Six then extrapolates the notion of reproductive responsibility before the paper is concluded.
format	Article
author	Zawawi, Majdah Alias, Siti Aliza
author_facet	Zawawi, Majdah Alias, Siti Aliza
author_sort	Zawawi, Majdah
title	International cross-border surrogacy: an analysis of the Malaysian legal position
title_short	International cross-border surrogacy: an analysis of the Malaysian legal position
title_full	International cross-border surrogacy: an analysis of the Malaysian legal position
title_fullStr	International cross-border surrogacy: an analysis of the Malaysian legal position
title_full_unstemmed	International cross-border surrogacy: an analysis of the Malaysian legal position
title_sort	international cross-border surrogacy: an analysis of the malaysian legal position
publisher	Ahmad Ibrahim Kulliyyah of Law , IIUM Gombak.
publishDate	2016
url	http://irep.iium.edu.my/55874/ http://irep.iium.edu.my/55874/ http://irep.iium.edu.my/55874/1/iium%20law%20j%20289-977-1-PB%20%281%29.pdf http://irep.iium.edu.my/55874/7/55874_International%20cross-border%20surrogacy_WoS.pdf
first_indexed	2023-09-18T21:18:50Z
last_indexed	2023-09-18T21:18:50Z
_version_	1777411744646299648

International cross-border surrogacy: an analysis of the Malaysian legal position

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