Abstract
In January 1988 the Supreme Court of Canada struck down the country's archaic abortion law on the ground that it imposed arbitrary delays and unfair disparities in access to abortion across the country. Since then, the conservative government of Canada has made a few attempts to introduce a new abortion policy, but it did not get passed in the parliament because the revised bills failed to protect women's right to 'life, liberty, and security of the person' within the meaning of the Canadian Charter. Canada has been without an abortion law for over four years and there has been a wide range of provincial policies and confusion in the country. Despite the legal vacuum, Canadian women are not frenziedly having abortions. However, the militancy of the anti-abortion groups has steadily intensified with continued assault on a woman's right to make reproductive choices. Since no law, short of banning abortions altogether, is going to satisfy abortion opponents, the abortion battle will rage on in Canada.
Highlights
Recent developments and research in the field of reproductive medicine have provided infertile couples with new opportunities to have a child
Considering the divergent solutions of national substantive provisions regarding surrogacy, and the legal consequences arising from relations with a cross-border element, it is necessary to analyze the mechanisms of private international law in the context of recognition of the legal parentage of a child born through an international surrogacy arrangement
Work within the Hague Conference on the regulation of issues relating to the status of children, including issues arising from international surrogacy arrangements, began in 2010, when the Special Commission discussed the interconnection of crossborder surrogacy and the 1993 Convention on Intercountry Adoption
Summary
Recent developments and research in the field of reproductive medicine have provided infertile couples with new opportunities to have a child. Thomale believes that the focus of legal reform should be to adapt the existing legal framework on intercountry adoption to cases of international surrogacy arrangements (Thomale, 2017: 471-473) This author doubts that the adoption of a new mechanism in the form of an international convention focusing on the recognition of a foreign court decision on legal parentage, or a public document confirming the legal parentage of intended parents, established in the country of origin of the decision, would be in the best interest of the child (Thomale, 2017: 469-470). This instrument should create a system of cooperation between Member States, which would take the character of an agreement on international legal assistance (Rokas, 2014: 305)
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