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Gestational surrogacy and ethical issues
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Surrogate motherhood refers to that condition of a fertile (footnote) woman who has been contracted to become impregnated via reproductive technologies such as donor or artificial insemination. It is that condition wherein that fertile woman also has agreed to transfer her rights on the child to the biological parents after giving birth. This is bounded by a contract that was signed by the contracting parents and the surrogate. The reasons for this generally fall into two categories. Either the contracting couple is unable to produce a child or they would prefer to eliminate or enhance certain genetic traits. My argument would apply to either case. For the purpose of this paper, the motivations are irrelevant and the logic following applies to both. The possibility of surrogacy has gotten people into quite a tizzy with furious debates concerning issues such as the commedification of a woman’s reproductive organs, the physiological & psychological harm, and its social impacts on a religious definition of marriage. I will defend the claim that surrogacy is an immoral action which places a socially constructed and therefore arbitrary value on the natural phenomenon of human reproduction, the implications of viewing the natural in terms of the artificial can be seen through the increase psychological and health risks of the women that contract.
Prior to discussing the ethical issues, I must discuss the scientific process involved. There are actually various types of reproductive technologies women can undergo. These would include, as mentioned earlier, donor or artificial insemination, assisted hatching, in vitro fertilization, gametra fallopian transfer, zygote intrafallopian transfer, intracytoplasmic sperm injection and embryo micromanipulation. These are actually the technologies employed in the process of surrogacy (Hinman, 2001). Surrogacy or surrogate motherhood, like reproductive technologies, can be further classified as gestational surrogacy, traditional surrogacy, and egg donation.
Gestational surrogacy, as defined by various references, would refer to the surrogacy condition wherein there in absolutely no genetic link between the child and the carrier. This may be in the form of the following (Canadian Surrogacy Options, Inc.) Traditional surrogacy, on the other hand, would refer to the surrogacy condition wherein ...
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Siegler, M., and W. Winslade. "Ethics in Medicine." Clinical Ethics. By A. R. Jonsen. 7th ed. N.p.:
Principles of Biomedical Ethics, by Tom Beauchamp and James F. Childress, has for many critics in medical ethics exemplified the worse sins of "principlism." From its first edition, the authors have argued for the importance and usefulness of general principles for justifying ethical judgments about policies and cases in medical ethics. The organization of their book reflects this conviction, dividing discussion of particular ethical problems under the rubrics of the key ethical principles which the authors believe should govern our moral judgments: principles of autonomy, nonmaleficence, beneficence and justice.
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.
Commercial surrogacy respects the feminist theory as it allows women to be heard and considers their feelings and relationships. Commercial surrogacy overcomes oppression by returning power to surrogates, defeating the patriarchal society and providing autonomy. Commercial surrogacy also tackles the issue of potentially exploiting women by protecting surrogates and, addressing the risks of surrogacy. There are many ethical issues surrounding women and the feminist theory can be a powerful tool in determining moral
Denise Dudzinski, PhD, MTS, Helene Starks, PhD, MPH, Nicole White, MD, MA (2009) ETHICS IN MEDICINE. Retrieved from: http://depts.washington.edu/bioethx/topics/pad.html
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.
Karen (1997) proposed that contact surrogacy contracts in the social development process increasingly prominent infertility problems. The advances in biomedical technology may provide a technical solution to this problem. The impact of surrogacy on traditional family values and the impact of the law are subversive. It has changed the traditional ways of the establishment of parentage. It also raised many moral and ethical disputes that whether surrogacy should be legalized. What should the theoretical basis lie in? Legislation should be based on what mechanism to adjust the surrogate. This essay is based on the interpretation of the legality of surrogacy contracts, trying to determine the conditions of its validity and scope.
Ingram, David, and Jennifer A. Parks. "Biomedical Ethics." The Complete Idiot's Guide to Understanding Ethics. Indianapolis, IN: Alpha, 2002. N. pag. Print.
“Sometimes when making something so precious, beautiful and unique, it takes an extra helping heart” (Author Unknown). To me, surrogate motherhood is giving the gift of a child to an individual who cannot carry a child themselves. I chose this topic because it interests me to see what kind of problems are linked with the journey of surrogacy. I have seen plenty of fictional movies about surrogate mothers, and I wanted to learn if any of these issues happened in real life situations. Before I began my research I thought about the ethical, legal, and social problems that could arise during the process of surrogacy. Legally, I thought you could be a surrogate
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.
McGee, Glenn and Arthur L. Caplan. "Medical Ethics." Microsoft® Encarta® 98 Encyclopedia. © 1993-1997: Microsoft Corporation. CD-ROM.
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.
A surrogacy agreement is the carrying of a pregnancy for intended parents. There are three types of surrogacy: traditional, gestational and commercial. In traditional surrogacy, the surrogate is impregnated with the intended father’s sperm and so the child is genetically related to the surrogate. Gestational surrogacy also results from in-vitro fertilization, but the child is genetically unrelated to the surrogate. Commercial surrogacy is any surrogate agreement that involves paying the surrogate beyond reasonable expenses for carrying the child. Most states criminalize commercial surrogacy for its ethical and immoral complexity. Gestational surrogacy is more common than traditional surrogacy and is considered less legally complex.