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Ethical arguments for surrogacy
Ethical arguments for surrogacy
Commercial surrogacy pros
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A discussion about surrogacy could result in many different arguments, but one of the most important would be that which deals with the ethical and moral relevance of surrogacy as it relates to both the surrogate and the contracting parents. In terms of ethical and moral relevance, we might consider whether the parties involved are being denied any negative rights and furthermore, how that could produce an unwanted outcome, for example commodification or exploitation. In what follows I will argue that full gestational surrogacy commodifies and exploits women and children; however, I question the negative connotation of the word “exploit” when the surrogate is fully educated about the process. Although surrogacy should be legally permissible, I argue that adoption should be the primary means of "having" a child.
Commodification:
Surrogacy commodifies women and children by selling that which is “market-inalienable,” meaning something that should not be sold, but even more broadly it takes humans and treats them as things rather than thinking and reasoning beings (p.174). Radin identifies non-fungible objects as alienable or central to who the person is, fungible items, however, are those that can be replaced by money (p. 176). I take the above argument to show that regardless of whether the surrogate or contracting parents think of this exchange as commodification or not, it is beyond doubt turning both the surrogate and future child into a commodity.
Thinking of women and children/fetuses in terms of market rhetoric feels intrinsically wrong and results in devaluation of life and morals. For example, prostitution commodifies women and even children by selling their bodies—something that is extremely personal to them. If we accept ...
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... a service than is deserved, it allows many families, especially those abroad, to have the means to purchase vital resources and contracting parents to have a child genetically related to them. It follows then, that non-commodified surrogacy or adoption is preferable, but in light of current practices near impossible to implement completely; however, I would like to encourage those considering adoption or surrogacy to completely educate themselves about the process and ensure that they do not violate their morals and the morals of others.
Works Cited
"Intercountry Adoption." Statistics. Bureau of Counsular Affairs, US Department of State, n.d. Web. 24 Apr. 2014.
Radin, Margaret J. "Market-Inalienability." Https://collab.itc.virginia.edu/access/content/group/c20c3a17-f93d-4b50-966d-10de7065dae7/phil3780.radin.market-inalienability.pdf. N.p., n.d. Web. 19 Apr. 2014.
Recent high profile cases, films and books all around the world including the UK, Australia and the United States have brought to the public’s attention a new type of IVF. ‘Embryo Selection’ meaning ‘Embryos are fertilised outside the body and only those with certain genes are selected and implanted in the womb.’ Henceforth meaning that doctors are now able to select specific embryo’s and implant them into the mother of who may have another sick child in order to gain genetic material such as bone marrow which will match the ill-fated child and therefore hopefully be able to save their life. Creating a ‘saviour sibling’. ‘A child conceived through selective in vitro fertilization as a potential source of donor organs or cells for an existing brother or sister with a life-threatening medical condition’ a definition given by Oxford Dictionaries (1.0). Cases of this are happening all around the globe and many are highly documented about. The most famous case could be noted as in the fictional book of ‘My Sisters Keeper’ By Jodi Picoult. I will further discuss this throughout my dissertation and how books and films can affect the view on certain ethical subjects. Furthermore, I am also going to discuss a range of factors such as certain religious beliefs and the physical creation of saviour siblings compared to the creation of designer babies. Strong views are held by many both for and against the creation of saviour siblings.
Many Australians are turning to surrogacy as their last resort to have a child today. It is a process that has become more recognised popularly used over the years. Surrogacy is an arrangement for a woman to carry and deliver a child for another couple or individual. When the child is born, the birth mother permanently gives up the child to the intended parents. There are many legal issues surrounding surrogacy. Laws regarding this controversial process differ across Australia, and have changed dramatically overtime in Queensland. In this seminar, I will be analysing the issues involved with surrogacy, as well as evaluating and critiquing the new legislation that has been implemented in Queensland, that sets out the laws of surrogacy in Queensland.
Our culture has a stringent belief that creating new life if a beautiful process which should be cherished. Most often, the birth process is without complications and the results are a healthy active child. In retrospect, many individuals feel that there are circumstances that make it morally wrong to bring a child into the world. This is most often the case when reproduction results in the existence of another human being with a considerably reduced chance at a quality life. To delve even further into the topic, there are individuals that feel they have been morally wronged by the conception in itself. Wrongful conception is a topic of debate among many who question the ethical principles involved with the sanctity of human life. This paper will analyze the ethical dilemmas of human dignity, compassion, non-malfeasance, and social justice, as well the legal issues associated with wrongful conception.
Stolley, K.S. (1993). Statistics on adoption in the United States. The Future of Children: Adoption, 3(1), 26-42
The addition of a child into a family’s home is a happy occasion. Unfortunately, some families are unable to have a child due to unforeseen problems, and they must pursue other means than natural pregnancy. Some couples adopt and other couples follow a different path; they utilize in vitro fertilization or surrogate motherhood. The process is complicated, unreliable, but ultimately can give the parents the gift of a child they otherwise could not have had. At the same time, as the process becomes more and more advanced and scientists are able to predict the outcome of the technique, the choice of what child is born is placed in the hands of the parents. Instead of waiting to see if the child had the mother’s eyes, the father’s hair or Grandma’s heart problem, the parents and doctors can select the best eggs and the best sperm to create the perfect child. Many see the rise of in vitro fertilization as the second coming of the Eugenics movement of the 19th and early 20th century. A process that is able to bring joy to so many parents is also seen as deciding who is able to reproduce and what child is worthy of birthing.
...e open to all women at any point of pregnancy, and that the woman reserves the right as a fully conscious member of the moral community to choose to carry the child or not. She argues that fetuses are not persons or members of the moral community because they don’t fulfill the five qualities of personhood she has fashioned. Warren’s arguments are valid, mostly sound, and cover just about all aspects of the overall topic. However much she was inconsistent on the topic of infanticide, her overall writing was well done and consistent. Warren rejects emotional appeal in a very Vulcan like manner; devout to reason and logic and in doing so has created a well-written paper based solely on this rational mindset.
...er analysis to reflections on economic desperation or injustices in the distribution of income or wealth. She also argues that some markets form and change societies and its citizens, and that because of that effect on our identities and personhood, some goods should not be for sale. Satz is able to convey her opinion in a concise manner as she uses the example of contract pregnancy and demonstrates how inequalities prevail in the market transactions. Satz shows how commodifying reproductive labor in society can reinforces gender inequality of status and promotes prejudices about the role of women in society. However, it is important to note that Satz argues that our negative reactions to noxious markets are not a result of any essential feature of such markets but rather, we react because of the social circumstances in which they operate, for example prostitution.
The value of a woman as a mother, wife, sister, daughter or aunt has been replaced for sexual please. Greed and perversion disguised as men chose to debase America’s women and children for their own selfish gain. Child sexual exploitation is the most hidden form of child abuse in the U.S. and North America today. It is the nation’s least recognized epidemic. The overwhelming majority of children forced to sell their bodies on the street are girls. Young boys face hardship and abuse as well, but they often fend for themselves to survive. The girls, on the other hand, inevitably fall victim to pimps and organized trafficking networks. (Sher, pg. V)
Commercial surrogacy commodifies children because by paying the surrogate mother to give up her child, they treat the child as an object of exchange or commodity that can be bought and sold. As any business transaction, the parents give money for the exchange of an object, the child. The parents get their desired child and the mother gets the money, but what about what thee child think about this event? The parents and surrogate mother’s action were done with self-interest. It could be argued that they wanted the best for the child. However, the first priority in the intentional procreation of the child was not the welfare of the child but rather to give it up to the parents in exchange of money. Additionally, women’s labor is commodified because the surrogate mother treats her parental rights as it was a property right not as a trust. In other words, the decisions taken concerning the child are not done primarily for the benefit of the child. The act of the mother relenting her parental rights is done for a monetary price. She disposes of her parental rights, which are to be managed for the welfare of the owner, as if they were property right, which are to be handled for personal
National Center for Health Statistics (NCHS) at the Centers for Disease Control and Prevention (CDC), "Who Adopts? Characteristics of Women and Men Who Have Adopted Children" (447 KB) , NCHS Data Brief, www.cdc.gov, Jan. 2009
[9] Shanley, M.L, Surrogate Mothering and Women's Freedom: A Critique of Contracts for Human Reproduction, (Politics and the Human Body) editors-Elshtain, J.B, and Cloyd J.T1995, Vanderbitt University Press, Tennessee back
Arguments against commercial surrogacy typically revolve around the idea that surrogacy is a form of child-selling. Critics believe that commercial surrogacy violates both women’s and children’s rights. In addition, by making surrogacy contracts legally enforceable, courts will follow the contract rather than choose what is best for the child. However, in her article “Surrogate Mothering: Exploring Empowerment” Laura Pudry is not convinced by these arguments.
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