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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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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.
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.
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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.
The main thesis of the chapter is the ethical, moral, and social issues regarding assisted reproduction (IVF), multiple births, and pregnancy at an old age. The chapter opens with Nadya Suleman’s decision to have her physician implant all her in vitro embryos into her uterus, which, lead to her later giving birth to octuplets. The physician who performed the embryo implementation had broken reproductive guidelines by implying more embryos than advised, and because Nadya had had disabled children from IVF prior, it was unethical. The next case of IVF involves the birth of Louise Brown. Her mother could not have children do to health reasons, and her eggs had to be fertilized outside of her uterus with her husband’s sperm. People praised this medical breakthrough for giving unfertile women a chance to still have children, however, critics claimed that this violated natural procreation and was therefore, immoral. Today, woman can donate their eggs, have them fertilized, and give the embryos to other women. A question asked in the chapter is
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These differences can be seen through the personal attitudes of surrogates, society views of surrogates, and mother’s attitudes towards surrogate mothers. Even though Webster gives one definition of “surrogacy” it can be seen how people in different societies can take very different meanings to
Detractor will state that surrogacy should be illegal because it is immoral, cost prohibitive for most, and even liken it to the sale of a child. Each of these objections to surrogacy are without merit once analyzed closely. There is nothing immoral about surrogacy. Surrogacy is even mentioned in the Bible. Abraham’s wife Sarah is infertile, and offers her slave to Abraham in order to give him a son. Moreover, morality should not be legislated. Bad things have happened throughout history when governments try to legislate morality. The Salem Witch Trials are a prime example of the travesties that can occur when one’s morals are pushed on another. The Crusades are another example of what happens when one’s beliefs are forced upon another. America is a great county that allows people to believe whatever they want to believe. If one does not believe in surrogacy, then he/she does not have to, but he/she should not prohibit other from the pursuit of happiness. Some detractors point out the fact that surrogacy is expensive and therefore should be illegal because it is not attainable for everyone. IVF costs about $12,000 per round in order to cover the medication, surgery, creating and transfer of the embryo, and the pregnancy test afterward(Kuczynski, 2008). This is extremely expensive for most families in America, but it is still a viable option for infertile couples. The entire argument that surrogacy should be illegal because it costs too much is like expecting Ferrari to close its doors because their cars are too expensive. Men and women are created equal, but not all men and women will live equal lives. There will always be the haves and the have nots. There is another group of people that like surrogacy to the sale of children. This argument does not hold water either. Surrogate mothers allow their bodies to be used to perform a function that is not available to an
Leavitt (2012) states, “surrogacy is an infertility option in which a woman carries and delivers a child for another person or couple.” It is formally established from the start of the process that the woman who is carrying the child agrees that she is not, and will not be, legally responsible for the child (Leavitt, 2012). There are two different types of surrogacy that can be chosen from, traditional or gestational (Leavitt, 2012). In traditional surrogacy, the surrogate provides her own eggs for fertilization, therefore not making her biologically related to the child (Leavitt, 2012). The surrogate’s eggs are fertilized with the projected father’s sperm, usually through intrauterine insemination (IUI) (Leavitt, 2012). Because of the much legality associated with traditional surrogacy, is not that commonly used (Leavitt, 2012).