Kurzbeschreibung

In my project, I analyse gay couples’ use of reproductive technologies in their legal struggles to found a family with children, addressing the ambivalences within human rights with regard to reproductive rights and the right to parenthood. Gay male couples who realize their wish for a child through reproductive technologies usually require the help of two women: A gestational carrier and an egg donor. Thus, the couples have to expand the conception of their child beyond the two-parent family. Focusing on German and Israeli gay couples, I am interested in the influence of the legal, political, social and cultural specificities of each country and how they influence the decision-making processes of the couples. What are the particular obstacles and restrictions they face? How do they situate themselves as a gay couple within a heteronormative society that obstructs their intentions? Comparing Israel and Germany is particularly interesting, because both countries have different approaches not only to gay parenting but to reproductive technologies in general. Israel follows a pro-natalist policy, reproductive care is financially supported by the government and surrogacy is legal for heterosexual couples, whereas surrogacy and egg donation are illegal in Germany. Using in-depth narrative interviews with childless gay couples and gay fathers, who started a family through surrogacy, I will offer insights about how gay couples fulfil their wish for a child in a heteronormative society that delegitimises their reproductive desires through legal restrictions. Despite growing recognition of same-sex relationships, including the right to marry, a friction remains when it comes to same-sex parenting incorporating joint adoption or equal access to assisted reproductive technologies like artificial insemination or surrogacy. While reproductive rights are granted in Article 16 of the Universal Declaration of Human Rights, which implies the free choice of partners, the personal autonomy under which reproduction takes place and protects the right to marry and to found a family, many countries restrict the rights of same-sex couples to reproduce with a partner of their choice. Until today, reproductive rights “remain the major barrier to full equality that guarantees equal parenting rights and reproductive opportunities to couples regardless of their gender or sexual orientation” (Eggert/Engeli 2015: 323). Furthermore, growing opportunities of reproductive medicine raise challenges for governments regarding their national legislation on assisted reproduction, because they touch upon fundamental (ethical) questions on human life or the constitution of the family. They challenge heteronormative and essentialist conceptions about reproduction, procreation, family and sexuality. Couples as well as single people who face legal restrictions on assisted reproduction in their home country, are often left to access assisted reproduction abroad. This includes further challenges in the future: If a couple e.g. opts for surrogacy abroad, they often face legal challenges regarding citizenship, filiation and the parental rights of the non-biological parent. In my qualitative research, I interview German and Israeli gay couples about their journey to parenthood and how they fulfilled their wish for a child with a surrogate (mostly in the United States). Generally, I am interested in the influence of the legal, political, social and cultural specificities of each country and how they influence the decision-making processes of the couples. What are the specific obstacles and restrictions they face and how do they situate themselves as a gay couple within a heteronormative society that obstructs their reproductive rights? The comparative perspective is particularly interesting since Israel and Germany have very different approaches not only to gay parenting but to reproductive technologies in general. Israel follows a pro-natalist policy, reproductive care is financially supported by the government and surrogacy is legal for heterosexual couples, whereas surrogacy is illegal in Germany. I will offer insights about how gay couples fulfil their wish for a child in a heteronormative society that delegitimises their reproductive desires through legal restrictions.

Projektdetails

Projektart

Dissertation

Fachgruppe

Rechts-, Wirtschafts- und Sozialwissenschaften

Fachliche Zuordnung

Soziologie

Beginn

2014

Ende

2017

Einrichtung

Fachgebiet/Arbeitsbereich

Human rights under pressure - Ethics, Law and Politics

Projektteam

Leitung

Julia Teschlade

Schlagwörter

Reproductive Rights, Queer Kinship, Surrogacy, Assisted Reproductive Technologies (ART)

Forschende

• Julia Teschlade

  Ehemalig