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Essay for surrogacy
Controversial issues with surrogacy
Essay for surrogacy
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To answer this question, we must first ask what is a contract? Well according to a law handbook a contact is a legally binding or valid agreement between two parties. But then what does legally biding mean. A law dictionary states “lawful action, such as an agreement consciously agreed to by two or more entities, establishing lawful accountability. An illegal action, such as forcing, tricking, or coercing a person into an agreement, is not legally binding.” If this is case then the famous supreme court case regarding Surrogate mother contract, the contract was illegal. But say the contract was legal does it make it appropriate. Or what if the contract was moral but not legal? If both parties benefit is it appropriate? Or what if only one party …show more content…
The introduction of money to this contract is the primary reason this contract is not moral. If this is the case isn’t this a form of slavery or at the very least human trafficking? You’re essentially selling your child and letting another person dictate the outcome of this child’s life. If slavery contracts are illegal then why aren’t surrogate contracts illegal. For example say one day a debt collector comes and says you need to pay off your debt or your property will be repossessed. So you make a contract to become a surrogate mother. The contract fixes all the problems stated previously and is 100% legal. In return you get the money you need to pay off your debt and a couple gets to have a child. At this point this isn’t an adoption anymore it’s a sale of a human being. Suppose in the worst case scenario a mother doesn’t care for children at all and decides to become a surrogate mother simply for monetary gain. The mother is using her child as a means to an end. If this was the case the percent of surrogate mothers would increase. In this scenario both parties would benefit but the contract would be immoral and inappropriate for society. Money would exploit the poor and the highest bidder would be able to purchase a child. In Mrs. Whiteheads case she didn’t full understand the consequences of her actions. Money at the time was more compelling. This leads to another moral issue, which is the best interest of the child. The agency in this surrogate mother case was profit motivated. They didn’t evaluate the Sterns to see if they were suitable parents. What if they were abusive or irresponsible, it wouldn’t have matter to the agency as long as they got paid. In addition to that what becomes of the child if they grew up and found out they were sold? It could have detrimental effects on the child. The mother as well could be affect later in her life once she realizes what she has done. Everything immoral about
In her essay “Abortion, Intimacy, and the Duty to Gestate,” Margaret Olivia Little examines whether it should be permissible for the state to force the intimacy of gestation on a woman against her consent. Little concludes that “mandating gestation against a woman’s consent is itself a harm - a liberty harm” (p. 303). She reaches this conclusion after examining the deficiencies in the current methods used to examine and evaluate the issues of abortion. Their focus on the definition of a “person” and the point in time when the fetus becomes a distinct person entitled to the benefits and protections of the law fails to capture “the subtleties and ambivalences that suffuse the issue” (p. 295). Public debate on the right to life and the right to choose has largely ignored the nature of the relationship between the mother and the fetus through the gestational period and a woman’s right to either accept or decline participation in this relationship.
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.
“Time to Ban Surrogate Motherhood,” written by Lynda Hurst and “Surrogate Motherhood: Why it Should Be Permitted,” written by Allan C. Hutchinson, are persuasive texts where the authors’ attempts to influence the audience to agree with their side of the argument on surrogate motherhood. According to The American Heritage® Dictionary of the English Language, surrogate motherhood is defined as, “a woman who bears a child for another person, often for pay, either through artificial insemination or by carrying until birth another woman's surgically implanted fertilized egg.” Since the persuasive works are published in different newspapers, one being The Toronto Star and the other being The Globe and Mail, the works are written for different target audiences. Comparing the articles of Lynda Hurst and Allan C. Hutchinson, numerous differences between the elements of tone and the types of structure define the target audience.
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
For a mother or father to learn that their adopted child, who they believed was an orphan, actually has a caring and loving family is heartbreaking. Adoptive parents feel guilty. The children yearn for their true home. The biological family feels deceived and desire for their child to return. This situation is far too familiar within intercountry adoption cases. Many children are pulled away from home, put into orphanages, and painted as helpless orphans. The actions perpetrated by adoption agencies reflects an underlying network of corruption and exploitation. This is not for the purpose of discouraging international adoption, but to shed light on the horrific practices taking place behind the scenes. Intercountry adoptions are often tangled
A woman enters into a contract that consists on her getting pregnant with a strangers sperms, and after the baby is born, to give up the baby. The stranger is going to pay the medical expenses and $10,000 in exchange of claiming all the parental rights when the baby is born. The stranger is a good person who has not been able to have children on his own. Why does the morality of the action may seem doubtful? Philosopher Elizabeth Anderson wrote an essay called “is Women’s Labor a Commodity?” to explain in detail the reasons of commercial surrogacy being morally wrong. In her paper, Anderson explains that commercial surrogacy treats children and parental rights as objects that could be bought and sold for personal convenience. According to
Imagine you were pregnant, When you gave birth to your child, the only maternity leave you received was a month’s worth of vacation and sick time. And when you went to return to work, you found your job no longer existed. Since your employer was a small company, it didn’t have to go by federal laws that require 12 weeks of job protection after birth. This story is fictional, but it is real for so many. In America, there is no federal mandated paid maternity leave and that is hurting our women and our children by causing the miracle of birth to be masked by the all too real cost of no paid maternity leave.
The state can not interfere with a women’s right to control her own body, as this would be interfering with her own basic rights to equal freedom and liberty. Abortion laws are unconstitutional as they take away a women’s basic autonomy through allowing for state interference in personal, bodily decision-making. Justice is only obtained when women have the right to their own body, and their own choices. John Rawls defined justice in two principles. First, that each person is to have an equal right to the most extensive scheme of equal basic liberties compatible with a similar scheme of liberties for others; and second, that social and economic inequalities are to be arranged so that they are both reasonably expected to be to everyone’s advantage, and so that they are to be attached to positions and offices open to all. Madam Justice Wilson is known to have taken a strong stand with judgment founded directly on the value of autonomy. Wilson believes that an aspect of the respect for human dignity is the right to “make fundamental personal decisions without interference from the state. ” Women’s liberty is denied through laws that interfere with these decisions; she is not free within society from restrictions imposed by the state’s political views. Drawing on Rawls’ theory of justice and Justice Wilson’s view on the value of autonomy as justice, it will be proven that abortion laws are unjust as they go against a women’s basic right to liberty, autonomy, and security of person The argument of whether or not a woman should have an abortion is not the focus in this paper, but rather the focus is on whether abortion laws restrict a woman’s right to justice or not.
When a couple or individual decides to adopt a child, they know they are going to take on the responsibility of taking care of someone else’s child. Due to the biological parent(s) who can’t take care of that child anymore, because of either drug abuse, alcohol abuse, abuse to the child or if the parent(s) had died and there is no other care for the child. So that’s why this gives other couples who cannot have kids, the opportunity to promise themselves to be a great parent to a child in need. Though there are some bad things about adoption as well. Like adopting a child from another country of another race, because once that child is adopted into an American family, he or she will be cut off from their culture and never know about their history. Everyone should to know about their culture and history.
[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
If a lost child would be found immediate attention would be given to the child. And following procedure would be followed:
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
Reproductive health, rights, and control are central to the life experience of women. Reproductive health and rights focus on healthcare for women and their reproductive systems. Reproductive rights focus on a women’s control over her reproductive system and her sexuality. However, the amount of rights and control women are given for their reproductive rights is not equal across the world. In many countries, women have little to no rights over their bodies and are often left without proper medical care. In addition to pregnancy, the actual birth of a child can be complex as well. While babies are typically seen as a gift for women, they can also symbolize growing wealth, love, or disappointment. These symbols typically stem from the gender
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.