代理出産と不妊相談--ドイツにおける法と社会的実践 (シンポジウム 生命の資源化の現在) [in Japanese] Surrogate motherhood and infertility counseling in Germany [in Japanese]
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Surrogate motherhood is strictly prohibited in Germany, mainly because of the possible disadvantages in that children can be handled as "material objects." Some judicial cases in Germany have revealed that surrogate motherhood can harm the stability of a child's legal and psychological status. Hence, the German parliament approved the legal prohibition to prevent children from experiencing a "divided motherhood." This legislation was led especially by medical doctors and those who supported them generally, but some opinions are still critical of it. In this paper, we pay attention not only to this legal prohibition but also on the characteristic infertility treatment and counseling as found in Germany. Gynecologists try to cure the infertility caused by physical disorders, but they also care for the psychological conditions of infertile clients. Counselors care for patients'"psycho-social" status and consequently infertile clients can sometimes reconsider their own desire for having a child. The restrictive legal situation concerning reproductive technologies in Germany is indirectly enabled by the social and medical support for the infertile. The experiences found in such support can show us an alternative way of assistance for those who suffer from infertility.
死生学研究 (15), 311-289, 2011-03