Surrogacy is a scientific alternative of the natural capability of women to procreate. It has turned into an appealing substitute for new couples because of adoption troubles, fertility issues, or high pregnancy risks. However, many still question the efficiency of surrogacy as an alternative to natural reproduction. Proponents mention the advantage of providing couples with an offspring. In fact, commercial surrogacy is deemed to be mutually beneficial; the surrogate earns money while a baby is given to the other contracting party. On the other hand, those against it see surrogacy as an approach that reinforces the devaluation or dehumanization of both the offspring and the woman who lends her womb.
I believe that commercial surrogate motherhood contracts should not be enforced and be declared illegal because of the following reasons. First, the object of this contract is a point at issue; and second, the terms of this contract is contrary to public policy.
According to Article 1305 of the Civil Code, “A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.” In addition to that, Article 1318 stresses over the requisites for a contract to take place: “(1) the consent of the contracting parties; (2) object certain which is the subject matter of the contract; and (3) cause of the obligation which is established.” The usual arrangement in commercial surrogacy comprises of an agreement, commonly by contract, for the surrogate mother to be “artificially inseminated with the semen of the husband of the infertile couple, to carry the fetus to term, and to relinquish parental rights upon birth” in exchange for money. One can claim that in c...
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In order to understanding how women have been discriminated against we must know the history behind the most controversial topic in women’s rights, abortion. For decade’s legal scholars, social movement activities, and historians, have agreed whether women actually had rights when it came to abortions and understanding the pro-life feminist reform. In Mary Zeigler, "Women's Rights on the Right: The History and Stakes of Modern Pro-Life Feminism.” Pro-life advocates have argued that “abortions cause more to the woman rather than help them.” (Zeigler233) One of the most popular known cases is Gonzales v. Carhart which attempted to justify abortion restrictions on the very basis of the physical or psychological harms that could or assumed to be caused or produced by the actual procedure.(Zeigler234) However, women protective claims, only one part of larger strategy that this Article calls prolife feminism. The article also identifies potential common ground among those proclaiming to be feminist with different positions on abortions. Both pro-choice and pro-life scholars have written extensively on how to their arguments as forwarding women
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.
Gaughen, Shasta. Introduction To Women's Rights: Contemporary Issues Companion. San Diego: Greenhaven Press, 2003. Hennessey, Kathleen.
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.
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.
On January 22, 1973, a monumental ordeal for all of the United States had come about, which was that abortion was legalized. It was the Supreme Court case of Roe v. Wade that made us take a turn on this political issue. In this case, Jane Roe (Norma McCorvey) was an unmarried woman who wasn’t permitted to terminate her unborn child, because the Texas criminal abortion law made it impossible to perform an abortion unless it was putting the mother’s health in danger. Jane Roe was against doing it illegally, so she fought to do it legally. In the court ruling, they acknowledged that the lawful right to have privacy is extensive enough to cover a woman’s decision on whether or not she should be able to terminate her pregnancy.
Renzetti, C. (1999). The challenge to Feminism posed by Women’s use of violence in intimate relationships.
The foundation of the American Government is built on two ideologies; first, that the majority of the people govern through democratic election and second, that the power of the majority is limited to ensure individual rights. As defined by the American Heritage Online Dictionary a mother is a woman who conceives, gives birth to, or raises and nurtures a child. This paper will discuss the right of privacy of the mother versus the governments’ right to protect the unborn fetus in regard to Abortion.
No other element of the Women’s Rights Movement has generated as much controversy as the debate over reproductive rights. As the movement gained momentum so did the demand for birth control, sex education, family planning and the repeal of all abortion laws. On January 22, 1973 the Supreme Court handed down the Roe v. Wade decision which declared abortion "fundamental right.” The ruling recognized the right of the individual “to be free from unwanted governmental intrusion into matters so fundamentally affecting a person as the right of a woman to decide whether or not to terminate her pregnancy.” (US Supreme Court, 1973) This federal-level ruling took effect, legalizing abortion for all women nationwide.
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
Birth and reproductive rights have proved to be a much more complicated issue when looking through a feminist, intersectional lense, than how it is perceived by the American public. Bettina gave an enlightening lecture on reproductive and birth rights, explaining all the components involved in birth rights issues; and the intersections of these issues with other issues in feminism. Zakiya Luna Further illustrates this in her essay, “From Rights to Justice: Women of Color Changing the Face of US Reproductive Rights Organizing”. She emphasizes the need to treat women 's rights as human rights. The US needs to focus on tackling and acknowledging these many human rights issues that it is facing.
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.
Surrogacy is a process in which another woman carries and gives birth to a baby for someone else. The surrogate mother usually does the process for a relative or friend, sometimes as an act of kindness for a random couple, but never for the gain of affluence. Financial gain is an illegal reason for becoming a surrogate mother in some areas, and is also highly looked down upon. Although, compensation can range from $39,450-$52,450 , the process should only be done with the morals of kindness and selflessness.
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.