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A Qustion of Life: The Warnock Report on Human Fertilisationand Embryology

Warnock, Mary 1985 Basil Blackwell, 110p.
=1992 『生命操作はどこまで許されるか――人間の受精と発生学に関するワーノック・レポート』,協同出版,222p.

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■Warnock, Mary 1985 A Qustion of Life: The Warnock Report on Human Fertilisationand Embryology, Basil Blackwell, 110p. ISBN-10: 0631142576 ISBN-13: 978-0631142577 [amazon] =1992 『生命操作はどこまで許されるか――人間の受精と発生学に関するワーノック・レポート』,協同出版,222p. ISBN-10: 4319002148 ISBN-13: 978-4319002146 欠品 [amazon][kinokuniya] ※

■内容

「BOOK」データベースより

代理母・体外受精・クローニング…。人間は「生命の誕生」を操作できるのか?不妊治療が社会に及ぼす影響と、その道徳的・倫理的問題を検討した、ワーノック諮問委員会レポート。待望の完訳。

「MARC」データベースより

代理母・体外受精・クローニング…人間は「生命の誕生」を操作できるのか? 不妊治療が社会に及ぼす影響とその道徳的・倫理的問題を検討したワーノック諮問委員会レポートの完訳。生命倫理に関心のある読者の必見の書。

■引用

8.18 We have considered whether the crimhal law should have any part to play in the control of surrogacy and have concluded that it should. We recognise that there is a serious risk of commercial exploitation of surrogacy and that this would be difficult to prevent without the assistance of the criminal law. We have considered whether a limited, non-profit making surrogacy service, subject to licensing and inspection, could ▽0047 heve any useful part to play but the majority agreed that the existence of such a service would in itself encourage the growth of surrogacy. We recommend that legislation be introduced to render criminal the creation or the operation in the United Kingdom of agencies whose purpose include the recruitment of women for surrogate pregnacy or making arrangements for individuals or couples who wish to utilise the services of a carrying mother; such legislation should be wide enough to include both profit and non-profit making organisations. We further recommend that the legislation be sufficient wide to render criminally liable the actions of professionals and others who knowingly assist in the establishment of a surrogate pregnancy.

8.19 We do not envisage that this legislation would render private persons entering inro surrogacy arrangements liable to criminal prosection, as we are anxious to avoid children being born to mothers subject to the taint of crirninality. We nonetheless recognise that there will continue to be privately arranged surrogacy agreements. While we consider that most, if not all, surrogacy arrangements would be legally unenforceable in any of their terms, we feel that the position should be put beyond any possible doubt in law. We recommend that it be provided by statute that all surrogacy arrngements are illlegal contracts and threrefore unenforcible in the courts. (pp.46-47)


■言及

立岩 真也 1997=2014 On Private Property, English Version,Kyoto Books. ※

The Warnock Report was released in July 1984 (Warnock Commitee [1984]. The report was published along with an additional preface and conclusion in Warnock [1985]. For discussions of this text in Japanese publications see Kamo [1986], Koi [1991], Ono [1995], and Maruyama [1996:146-147]. For criticisms of the Warnock Report see Lockwood [1985b] and Hare [1987]. For discussions of these criticisms in Japanese see Shinagawa [1989].) The following two laws were enacted based on the findings of this report. Chapter 8 addressed surrogate mothers and its Recommendations are were as follows:

"We recommend that legislation be introduced to render criminal the creation or the operation in the United Kingdom of agencies whose purpose include the recruitment of women for surrogate pregnacy or making arrangements for individuals or couples who wish to utilise the services of a carrying mother; such legislation should be wide enough to include both profit and non-profit making organisations. We further recommend that the legislation be sufficient wide to render criminally liable the actions of professionals and others who knowingly assist in the establishment of a surrogate pregnancy." (8.18, Warnock [1985:47=] ) "We recommend that it be provided by statute that all surrogacy arrngements are illlegal contracts and threrefore unenforcible in the courts." (8.19, Warnock [1985:47] )

Before Recommendation 8.19: "We do not envisage that this legislation would render private persons entering inro surrogacy arrangements liable to criminal prosection, as we are anxious to avoid children being born to mothers subject to the taint of crirninality. We nonetheless recognise that there will continue to be privately arranged surrogacy agreements. While we consider that most, if not all, surrogacy arrangements would be legally unenforceable in any of their terms, we feel that the position should be put beyond any possible doubt in law." (Warnock [1985:47=1992:110-111] ) Two of the sixteen members of the committee released dissenting opinions regarding these findings (Warnock [198587-89=1992:181-185]).

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