Author
Unver, Yener
Publication Date
2015
Publication Place
-
Legal Publishing
Type
Periodical
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Library Asset ID
2147-1045
Record ID
f5326bad-a9e5-4e4d-9c17-6bc4a47e8d4f
Library Location
Law
Date
2015
Sample Text
In Turkey, artificial insemination is only possible in married couples. Surrogacy is banned in Turkey and most European countries. However, many couples do not have children and people sacrifice a lot to have children. In principle, surrogacy should be allowed. For this reason, some conditions may be imposed in order to prevent abuse and protect the child's interests. The arguments that surrogacy is against human dignity, that it turns women into mere birth machines, that the best interests of the child are not taken into account, and that the honor of the surrogate mother is not protected are mere speculations. Trade bans or the prohibition of giving permission to unmarried couples and homosexual couples for the upbringing of the child, preventing the child from being given to third parties despite the use of the surrogate mother's egg, or preventing a couple from buying both eggs and sperm from others instead of adopting and ordering a third woman as a surrogate mother. If an application is made to a rented maternity institution in Turkey or abroad and it is registered as if the child of a legally married mother or a registered mother, different crimes may be committed depending on the possibilities. The crime of changing family lineage is the Turkish Penal Code. m. It was regulated in 231/1. 'Any person who changes or conceals the paternity of a child is punished with imprisonment from one to three years.' This crime can be committed. Additionally, the crime of forgery of documents (TCK Article 204 et seq.) may be committed. Again, false statement to an official, TCK. m. '206- (1) Any person who makes a false statement to a public official who has the authority to issue an official document is punished with imprisonment from three months to two years or a judicial fine.' Regulation may also be violated. If these crimes are committed abroad, a lawsuit can be filed against the relevant persons in Turkey. In this case, TCK. m. 11 and 12 and 19 need to be taken into account. 24/3 of the Regulation called In Vitro Fertilization Regulation. article prohibits any advertising contrary to this Regulation. However, this article is not applied at all in daily life. Maternity for hire is actually an important need that should not be considered contrary to contemporary law. Particularly, the failure of the born child to be adopted later for various reasons or the legal mother not giving the child to the genetic mother or the ordering mother are some of the serious risks. Provided that legal measures are taken to prevent or reduce such risks, the institution of rented maternity should be permitted., In Turkey, artificial insemination is only permitted to couples when they are officially married. Surrogacy, however, has been banned by the law and is illegal as in most European countries. Despite the fact that nowadays quite a large number of couples have difficulties to have children and as a result sacrifice a lot. As an idea it would seem logical to allow surrogacy. Surrogacy could be permitted under certain conditions on order to prevent child abuse and protect child's interests. Naturally, surrogacy might seem contrary to human dignity in a sense that a woman would be used as a birth mechanism without consideration of the child's best interests speculating the mother's honor. It might be interpreted as a trade ban when the law forbids to homosexual or unmarried couples to bring up a child by the use of surrogate mother's egg or by taking both egg and sperm from someone else, performing insemination to the 3rd party and then eventually separating a child from it's birth mother by the demand of the 3rd party instead of making that couple adopt a child. Legally married mother or the 3rd party mother who is registering a child as her own in Turkey or abroad usually would have to apply to the surrogate motherhood institutions where her application might be considered in the light of various offences. According to TCL. art. 231/1 it is a crime to change the paternity. An individual who has done so or conspire against the law must be punished with an imprisonment from 1 to 3 years. The document forgery has been stated as a crime as well (TCL art.204). Furthermore, as stated in TCL art. 206 - (1) any individual who misrepresents in presence of an official officer or registers false statements in an official document will be fined or imprisoned from 3 months to 2 years. Although, this regulation may be violated. The offender can be prosecuted in Turkey even when such a crime has been committed abroad. In that case, TCL art. 11, 12 and 19 will be considered. Tube Baby Provision art. 24/3 prohibit any sort of advertising. However, this provision has never been used in daily life before. Actually, surrogacy should not be considered contrary to the law as it carries a very important meaning for the future. Especially, when the new born cannot be delivered to his genetic or legal mother for various reasons this might include a few serious risks.
Cilt
4
