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A paper about surrogacy and the legal process
Controversial issues with surrogacy
Surrogacy abstract
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Each year the number of surrogacy arrangements grow in the United States. Surrogacy uses reproductive medical technology to obtain sperm and/or eggs from an infertile couple, which will then be gestated by a willing woman, known as the surrogate mother. Complex ethical and legal concerns are associated with the use of surrogacy due to the unnatural involvedness of the process. Many disputes between the intended parents and surrogate mother will end up in the court of law, typically involving custody of the child, but there is little guidance in deciding how to resolve these issues. With little regulation currently available regarding surrogacy in the United States, there needs to be policy set in order to help avoid these ethical and legal complications. Data collection on surrogacy arrangements can greatly help to form the policy that needs to be enforced. The policy should ultimately aim to protect all parties involved in a surrogacy arrangement.
Surrogacy Policy in the United States
With advances in science and technology, surrogacy has become a viable option for couples that are unable to conceive and desire a genetic link to their child. There are two types of surrogacy options for couples to consider – traditional and gestational surrogacy. With the technological opportunity of either traditional or gestational surrogacy, many ethical and legal problems rise to the surface, including harm to the surrogate and baby, the right to procreate, and the enforceability of contracts. As a result of the controversy, it is not surprising that no single resolution has been recognized amongst the states. Surrogacy should be the choice of those involved, however, it should be highly regulated to minimize the potential ethical...
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...o not completely disregard the surrogate mother’s rights to the child in the case that the intended parents do not abide to their end of the contract.
These guidelines are all aimed to limit legal disputes and protect all of the parties involved. By having a system that will put forth a policy to enforce these guidelines, there will be fewer legal disputes due to legal clarity. Each individual has the right to decide whether they would like to conceive, as well as the right to privacy, which makes surrogacy a viable option for couples, as seen with the growth of its use year after year. Surrogacy allows couples to have a child with a genetic link to at least one of the parents, and with a willing surrogate mother, the outcome can be seen as miraculous. As long as the parties involved are protected by a policy, surrogacy is an astounding use of medical technology.
Munoz was considered medically brain dead. She did not have any noted brain or brain stem activity. This meant that Marlise’s rights were terminated. The rights, then, should remain with the fetus, as it was considered alive. The hospital acting as a surrogate as the patient was unable to let his or her needs be known. Although the fetus had “abnormalitieis” didn’t mean that the fetus’s life was not worth living. Whether this is considered murder is far reaching, in my opinion. We should continue to preserve the life of the baby, whether it is handicap or not. We cannot preserve the life of Marlise, because there is no life to preserve. Taking Marlise off the support means that her own body will be unable to maintain life. What happened to the sanctity of the baby’s life is this particular
When the author states that is unacceptable to accept the risk of inheriting this disease with the consent of the future child, the author fails to recognize that essentially all actions performed by the surrogate mother are done without consent. This includes drinking alcohol and smoking. While these behaviors are harmful in large amounts, they are not monitored by a third party nor have proven to cause enough damage in small amounts so the life of the child would be unsatisfying. Thus, the mother is accepting a risk on behalf of another, yet wh... ... middle of paper ... ...
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.
Surrogate pregnancy was talked about and questioned in the early 1970’s but was not put into practice until 1976. The first case documented actually comes from the bible. It was the story of Abraham and Sarah. Sarah talks about her experience with infertility. She then turns to Hagar, her handmaiden, and asks her if she would carry their child for them since she was unable to. Hagar was their maid so in a way it was a command, not exactly a favor or question.
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.
The advancement and continued developments of third-party assisted reproductive medical practices has allowed many prospective parents, regardless of their marital status, age, or sexual orientation, to have a new opportunity for genetically or biologically connected children. With these developments come a number of rather complex ethical issues and ongoing discussions regarding assisted reproduction within our society today. These issues include the use of reproductive drugs, gestational services such as surrogacy as well as the rights of those seeking these drugs and services and the responsibilities of the professionals who offer and practice these services.
I would have said that it was a generous and thoughtful act of kindness for a surrogate to be willing to help a couple bring a child into this world. I would have never thought deeply about some of the moral and ethical aspects of surrogacy, until now. I have been married for almost four years, and I believe in the unity of marriage and the idea of becoming one. After reading Cahill’s argument on surrogacy, and reflected on my own moral values, I immediately took a stance to agree with her. I believe that when it comes to a child, the best interest of the child should be a top priority. I am not a mother, but I am very passionate about children, and find their lives to be so precious. Parents should always have the child’s best interest in mind when making choices regarding their child’s life. A surrogate may be doing it as an act of kindness, and that may be her intention. However, I agree that surrogacy brings a dualistic element to the relationship. I know that as a married woman I would never hire a surrogate to bear my child, nor be a surrogate to carry someone else’s child. I want children, but I would never want to be treated as the means to an end, and I would not want my child to be considered a commodity. I strongly agree with Cahill in that a binding moral obligation does come with certain choices, even if we did not choose them in the first
In vitro fertilization is a procedure to treat the genetic failure in the ovaries that allow a women to naturally conceive a child. Today’s advancements in technology has changed the in vitro fertilization market in many different ways. Personally being a product and witness of the “test tube” baby generation, I understand the happiness and completeness a family experiences when these procedures are successful. On the other hand, although people know a lot about this procedure, most don’t understand the negative effects it can have on families due to extreme technological advancements if government doesn’t enforce strict regulations on this market. I believe this market needs extreme government intervention in order to prevent the harmful future
...vacy, bodily integrity, and self-determination until the child is brought forth from the woman 's body” (ACLU). Until a fetus is brought forth from a woman’s body it is only a potential person, and thus has no rights whatsoever.
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
Gestational surrogacy, especially when it involves commercial surrogates, challenges the status quo in the ethical theory of reproduction, because with this technology the process of producing a child can no longer remain a private matter. Now a public contract exists between two parties, the couple and the surrogate ...
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.
In such positions, the resolution to terminate a pregnancy may be argued as the most ethical choice. The mother is also considered to have a reasonable level of ethical responsibility to the fetus, because she did not take enough precautions to ensure avoid conception (Cline, 2014). The mother’s ethical responsibility to the fetus may not be enough to deprive her of choice of abortion; it may be enough to ascertain when an abortion can be ethically selected (Cline, 2014). When a woman does not wish to carry an abortion to term, it will be unethical for law or any other person to force them to do so.... ...
A surrogacy is the carrying of a pregnancy for intended parents. There are two kinds of surrogacy: “Gestational”, in which the egg and sperm belong to the intended parents and is carried by the surrogate, and “traditional”, where the surrogate is inseminated with the intended father’s sperm. Regardless of the method, I believe that surrogacy cannot be morally justified. Surrogacy literally means “substitute”, or “replacement”. A surrogate is a replacement for a mother for that 9-month period of pregnancy, and therefore is reducing the role of the surrogate mother to an oversimplified and dehumanizing labor. The pregnancy process for the gestational mother can be very physically and mentally demanding, and is unique because after birthing the
Surrogacy is becoming extremely popular as a way for people to build their families and women to have a source of income. Many people have various reasons for their opposition to it whether it be by comparing it to prostitution or disagreeing with how military wives take advantage of the Tricare insurance. Lorraine Ali states in her article “The Curious Lives of Surrogates” that one of the more popular reasons to oppose surrogacy is that it contradicts, “what we’ve always thought of as an unbreakable bond between mother and child.” However, a woman’s inability to conceive her own children does not determine the absence of a mother to child bond.