OTTAWA — A Supreme Court ruling placing much of Canada's burgeoning fertility industry under provincial control leaves an enormous gap in the regulation of artificial procreation and exposes women who use the technologies and the children born from them to potential harm, critics say. A sharply divided court struck down key federal powers to regulate assisted human reproduction Wednesday, concluding that several parts of a new law fall under provincial jurisdiction over health care. The ruling effectively stops a federal move toward national standards and guts Assisted Human Reproduction Canada — an embattled federal agency that was struck four years ago to monitor how assisted procreation is carried out at more than two dozen fertility clinics across the country.
A serving High Court judge has told the BBC that he is approving commercial surrogacy agreements made by British couples abroad. Laws in the UK are designed to try to prevent such arrangements, but Mr Justice Hedley said his paramount concern was the welfare of the child. The most recent case the judge approved was last month, involving a baby born to a surrogate in the Ukraine. The judge said he was "extremely anxious" about the current situation. In Britain, the judge said, the only payment allowed to a surrogate mother was one of "reasonable expenses". However, he has agreed to give retrospective approval for commercial surrogacy on at least four occasions.
Legislative restrictions on the sale of organs, gametes and surrogacy services are often seen as having no basis other than mere prejudice or taboo. This paper argues instead that they can be read as instances of a broader decommodification of healthcare provision established in Britain with the creation of the NHS in 1948. Restrictions on the marketisation of medicine were justified by Aneurin Bevan, the founder of the NHS, and by Richard Titmuss, one of its chief academic defenders, in distinctly utopian terms. On this vision, the NHS would function as a utopian enclave prefiguring an idealised non-capitalist future. This commonsense of post-war medicine was fatally destabilised by fiscal crisis and social critique in the 1970s. Influential comme