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Master Thesis

Réflexion éthique sur la gestation pour autrui et représentations de cette technique dans la société française

Abstract : Objectives: this paper aims to give readers the keys to reflect on the current state of the debate concerning surrogacy in France by studying the determining factors relating to acceptability or social refusal encountered in literature devoted of this technique. This paper will also propose a reflection on the consequences for health professionals involved in setting up the practice of surrogacy, in case of legalisation. Methodology: The qualitative study consists of a review of relevant literature with critical reading of articles. The documentation-led approach consists of 4 stages, using a research strategy: selecting articles from databases exploring the social, human and medical sciences; sorting and summarising the relevant articles; and finally, carrying out a full analysis of these. At the end of this research, 20 articles were selected and analysed according to precise criteria. Results: in French society concerning surrogacy, - The arguments of social refusal found are: the ‘fissure’ in the filiation, in particular with the contradiction of the latin adage which governs civil law in the matter of filiation "mater semper certa est" ; the violation of several French legal principles; the risks of surrogacy, including the commercialisation of the human body and the consequence of social discrimination; the risks of complications related to pregnancy; and finally the interest of a surrogate child and the consequences to its future. - The arguments of social acceptability found are a practice establishing "kinship"; dissociating procreation and descent; equality in parental projects driven by the desire for children ; the fight against procreative tourism; a MAP technique like other legalised techniques; and finally, a mark of feminine emancipation. - The current state of the debate, in the framework of the regular revision of future bioethics laws, reveals many problems. It invites a reflection notably on the terminology used; on the paradox found concerning the recognition of the filiation resulting from surrogacy abroad; the movement of a so-called "ethical" surrogacy and other alternatives. Conclusion: surrogacy is a plural and complex reality. The French representations seem to have an influence on the current state of the debate in France. With the many issues surrounding this debate, the issue of surrogacy has room to evolve over the next few years. In the case of legalisation in the public debate, this technique needs to be reconsidered with specific thought to the practical application of surrogacy by health professionals.
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Apolline Boissin. Réflexion éthique sur la gestation pour autrui et représentations de cette technique dans la société française. Gynécologie et obstétrique. 2019. ⟨dumas-02371968⟩

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