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Surrogacy is a rapidly evolving global phenomenon that raises profound legal, ethical, and social questions. This book offers a pioneering Rights-Based Pyramid Approach, balancing adults' rights through liberty, equality, and vulnerability, to secure the best interests of children at the centre. Drawing on extensive empirical research in Sri Lanka, alongside comparative analysis of India and the UK, it provides a uniquely context-sensitive perspective on how surrogacy laws can and should respond to real-world challenges. A distinctive feature of this book is its examination of how one country's laws impact surrogacy both within and beyond national borders, shaping practices, markets, and policy responses across regions. Written in clear, accessible language, the book bridges academic and practical debates, making it essential reading for students, researchers, and professionals in law, bioethics, gender studies, social policy, sociology, psychology, and public health, as well as policymakers and practitioners seeking a comprehensive yet practical guide.
'Danushika Abeyrathna has produced a meticulous and ground-breaking analysis, combining careful comparative description with an original rights-based theory of surrogacy and emphasising the best interests of the child, whom she describes as 'voiceless and choiceless'. This book transcends jurisdictional and disciplinary boundaries, setting out an ambitious agenda for surrogacy regulation aimed at rectifying persistent power imbalances and lessening the risk of exploitation.'
Donna Dickenson - Emeritus Professor Donna Dickenso, Medical Ethics and Humanities, University of London
'An empirically rich and theoretically sophisticated study that advances global conversations on surrogacy regulation, Dr Abeyrathna's analysis demonstrates how rigorous empirical research can inform normative theory and guide better lawmaking in one of the most contested areas of family and reproductive law. This book not only illuminates the shifting legal terrain of surrogacy across borders but also offers a principled framework for its regulation. This is a major scholarly achievement-one that deepens our understanding of surrogacy and illuminates how law and regulation might respond with both justice and care.'
Catriona McMillan - Reader in Medical Law and Ethics, University of Edinburgh
‘This book marks the culmination of Dr. Abeyrathna's long intellectual journey. Over a decade ago, she encountered unregulated surrogacy in Sri Lanka, revealing its multidimensional nature and rights violations of all involved. Confronted by slow reform, she explored developments in India and beyond. The result is a study rich in theory yet grounded in reality-offering a balanced framework recognising every stakeholder.'
Sharya Scharenguivel - Emeritus Professor, Faculty of Law, University of Colombo, Sri Lanka
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