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Recommended: Surrogacy law essay
Paid surrogacy should be legal in the United States. Surrogacy, if consented by all parties, is safe and rewarding. If a woman is selfless enough to put the happiness of a lonely couple and a future child, above herself it is nothing but honorable. Surrogacy allows couples who do not want to adopt and cannot conceive, have children. One important factor in favor of surrogacy is that people who want to have and love a child should be able to have options. In Alice Jolly’s article detailing her experience hiring a surrogate, the lives of the parents, the two women donors, and the child were happy and healthy. Another reason parents would chose surrogacy is the biological component. Unlike adoption, a surrogate child can have the genetic makeup …show more content…
A benefit of being a surrogate mother is the joy you bring to others. The parents of the child have been brought hope by the surrogate mother; knowing she has done something priceless for someone else is something she can cherish for a lifetime. She not only gave a couple a child, she kept their line of relation going that will outlast any of their lifetimes. Another amazing outcome of surrogacy that benefits the surrogate mother is the potential relationship to the child. The child she has given life to will grow up knowing of her selfless action. Like in Alice Jolly’s surrogacy story, the surrogate (and egg donor in her case) can also be an active participant in the child’s life. One point my dissenters bring up is the possible attachment to the child and unwillingness to follow through with the contract. In the case of Baby M this became a reality. The real way to solve this issue is rather simple: regulations. Having mental health screenings and legally worked out contracts will decrease the risk of this situation. The Center for Surrogate Parenting allows surrogate mothers to chose the couple she will contract with and also points out that many of the couples and surrogates become lifelong
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.
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.
The first argument in support of human reproductive cloning is that it could be used to provide children to those who cannot have them through biological means. Infertile or same-sex couples who wish to have children face a dilemma: other people must always be involved in order to have a child. Adoption is the obvious choice, but the child is not genetically related to either parent. Those who wish to have a ...
First, Morse breaks down her article into sections ranging from progressive to pro-liberty reasons why others should oppose surrogacy, one of her sections that I found was most intriguing was entitled “Pro-Woman Reasons to Oppose Surrogacy”. Morse believes that being a surrogate mother is “objectifying women”, she views the situation as a couple using a stranger as a “room for rent” for nine months to hold their child until they are ready to be born. After the baby is delivered, their surrogate mother is pretty much tossed to the side, after going through several emotional and physical changes with the baby growing inside of her, she is no longer need, even after having a relationship with the unborn child.
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
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
There are so many families that are not able to have their own children, but adoption is a great way for child loving families to have the opportunity to raise and bond with children in need of parents. Since there are so many families wanting to adopt a child, there is no reason anyone can fairly say that a child could ever be unwanted. In 2011 a total of “730,322 abortions were reported to Centers for Disease Control” and only 9,319 children were adopted. Adoptions are always great for children and safe for them as well. Background checks and extensive research is always mandatory before child services allow adults to adopt, and when they are clear to make an adoption, a child’s life is changed and in most cases they are saved. It is a mystery why anyone would choose death over life and abortion over adoption. To abort a baby is to not only take the child’s opportunity at life away, but to also take away another family’s chance at having their own
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.
Abortion has been a complex social issue in the United States ever since restrictive abortion laws began to appear in the 1820s. By 1965, abortions had been outlawed in the U.S., although they continued illegally; about one million abortions per year were estimated to have occurred in the 1960s. (Krannich 366) Ultimately, in the 1973 Supreme Court case of Roe v. Wade, it was ruled that women had the right to privacy and could make an individual choice on whether or not to have an abortion during the first trimester of pregnancy. (Yishai 213)
Surrogacy as a means of family formation is defined as “a woman carrying a pregnancy for a third party with the express intention of giving up all parental rights to resulting child(ren)”, hence allowing women unable to carry a pregnancy the right to parent a child. As claimed by the “Inquiry into the legislative aspects of international and domestic surrogacy arrangements”, society now recognises many different forms of blended families that are not based solely on genetic connections, expanding the models of family formation beyond traditional relationships. Prior to the enactment of the Surrogacy Act 2010, the Status of Children Act 1996 (NSW) automatically accorded parentage to the birth mother, and the Adoption Act 2000 (NSW) provided the only means to have legal parentage transferred from the birth mother to the intending parents. Accordingly, the newly enacted legal response removed discrepancies in transferring parentage to commissioning parents, providing a system of parenting orders where parties can apply to the NSW Supreme Court to transfer full legal parentage of the child from such parties, thus avoiding the lengthy adoptive process. Furthermore, the article “NSW considers changing surrogacy law changes” further reflects the response of the government to changing values in society.
Aside from including medical complications, there are psychological risks for the surrogate, future psychological risks of the child, lack of trust between surrogate and intended parents, etc. Women may have psychological reactions when being surrogate mothers that include depression when surrendering the child, grief, and even refusal to release the child. This can be seen in the iconic Baby M case. In the Baby M case, a traditional surrogacy was arranged between the Sterns and Mary Beth Whitehead. All went smoothly until the last few months of the pregnancy, when Whitehead began acting on her own. After bearing the child, she had a very difficult time surrendering the baby, and returned the next day saying she was suicidal because of it. (Baby M and Mary Beth Whitehead. Surrogate Pregnancy in Court) She threatened to kill herself and the baby if she didn’t get to keep her. Whitehead had kept the baby for months after childbirth while the trial was taking place. There was an ongoing struggle between Whitehead and Mr. Stern, the two biological parents each wanting custody, and they developed a sort of odd relationship, acting as though they are a couple. In the testimony, Whitehead and Stern discuss the fate of “their” baby, completely disregarding Mrs. Stern, who was the intended mother. (Surrogacy: Baby M) The issue with traditional surrogacy is that the intended mother has no biological nor physical tie with the child. It can cause an identity issue for the child and problems in the future for the parents, saying that only one of the intended parents is actually biologically related to the child. The technological solution to that problem is gestational surrogacy, but that has issues of its own. Gestational surrogacy involves a surrogate implanted with the fertilized egg(s) of the intended parents through IVF. IVF has its own list of ethical issues and risks, but for the sake of simplicity, IVF involves some medical risks.
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.
Most young people envision their future in the realm of getting married and creating a family. One of the most devastating things that can happen to a young couple is to be told they cannot have children. There are several options the couple can pursue, and one of those options available is surrogacy. Society today is torn on whether or not surrogacy should be legal in today’s world. Surrogacy is very controversial for many people around the world, and opinions are strong on the subject. Surrogacy is defined as the utilization of a third party female in order for a infertile family to create a biological child for their family. Legalized surrogacy is important to many couples as an option of creating the family they have always dreamed