Reproductive rights An overview 1

Abortion laws The UK and Ireland Britain 1967 Abortion Act (England, Scotland, Wales): Abortion allowed up until 24-weeks’ gestation and beyond if medical circumstances command it. October 2017/June 2018/August 2018: Scottish, Welsh and English women allowed to take second abortion pill at home. Ireland Northern Ireland: abortion possible if probable (and not just possible) serious and long-term risk to mental or physical health of the mother, suicide included. (Marie Stopes UK) Republic of Ireland: Eight Amendment (1983): Abortion allowed only if the mother’s health is in danger. Referendum on May 25, 2018: overwhelmingly (66,90%) in favour of scrapping the ban. Awaiting to be signed into the law  36th Amendment of the Constitution (pending) 2

Abortion laws The United States (1) Landmark case: Roe v. Wade (1973) Decriminalised abortion nationwide. Established a minimal period during which abortion is legal. Highly controversial issue (pro-choice v. pro-life) Hyde Amendment (1976) Regulated by state laws. The more a state legislature is opposed to abortion, the stricter the rules to deter women from getting an abortion (mandatory ultrasounds, waiting period, counseling, parental consent, etc.) 3

Abortion laws The United States (2) Latest concerns: January 2017: EO barring federal funds from organizations that promote abortion, incl. International Planned Parenthood. Further threats have been made on the matter. Justice Kennedy’s (D) retirement and Brett Kavanaugh’s (R) nomination to replace him as Associate Justice. 2018: NIFLA v. Beccera: licensed CPC not compelled to display all avaible informtion about pregnancy (abortion incl.) Case won on the grounds of free speech violation. September 2018: Baltimore Health Commissioner (Dr Leana Wen) appointed president of Planned Parenthood 4

Abortion laws The Anglophone world Canada First authorized in 1969 if necessary (cf N. Ireland). Ruled unconstitutional in 1988. Canada Health Act (1984) Variations according to provinces No legal restrictions (incl. no delays). Most are performed early in the pregnancy. On request Funded by Medicare BUT clinics funded by provinces New Zealand: Contraception, Sterilisation, and Abortion Act (1977) Allowed if risk for the mother or the fetus. Jacinda Ardern (2017 election): a Labour gvt would decriminalise abortion Australia : state laws to protect the life and health of a woman. Accessible up to 14 weeks minimum. Summary. 5

Surrogacy : « People are creating families in different ways » The UK First surrogacy laws: 30 years ago Currently: a woman and her husband have automatic parentage over any child she gives birth to, even if no biological ties. Court order necessary to adopt the child for the intended parents. No commercial arrangements allowed between intended parents and surrogate  only altruistic surrogacy. Surrogacy agreements are not legally binding in the US. The intended parents must have at least one biological tie with the child. 6

Surrogacy The United States and Canada The US State laws  banned in some states 31 states: no laws regulating the relationship surrogate/intended parents Most surrogates = gestational (v. traditional) carriers (i.e. no genetic ties) ~ 2,000 babies/year Most surrogates = pro-lifers Canada Payment of surrogates criminalised. Only out-of-pocket expenses. Growing global demand for Canadian surrogates (popular destination for ~) Babies automatically receive Canadian citizenship if Canadian surrogate 7

Surrogacy Bans Surrogacy banned in: Some US states Many European countries (incl. France, Germany, Italy, Portugal and Spain) Bulgaria Foreign commercial surrogacy recently banned in: Thailand Nepal Mexico India (2017) Commercial surrogacy prohibited in: The UK Australia Landmark case: Baby M (1986) 8

Egg-freezing/fertility preservation Intended targets Initially: women with health conditions (esp. cancer or ovarian cysts) Now: « social » egg-freezing. « Empowerment » argument. Costly procedure but decreasing cost 2012: no longer experimental 2014: Big tech companies: « feminist » argument Low success rate (2-12%) Risks of loss (refrigeration malfunction) 2018: egg-freezing clinics popping up in the US 9

Et al. Moot points: Key figures: « Right to have a child »? Commodification of children? Exploitation of women? Key figures: Susan B. Anthony (19th c.) – controversial figure Marie Stopes (19th/20th c.) Margaret Sanger (19th/20th c.) – cf Boardwalk Empire, Margaret 10