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Recommended: Essay on surrogacy
Surrogacy, a practice wherein a woman carries and gives birth to a baby for a couple who want to have a child, seems to be a gift, nonetheless, a deeper investigate into the veracity will reassure you that nothing is close to being perfect. Surrogacy poses as a serious threat to human rights and has been thoroughly condemned as it acts as a channel for the exploitation of surrogate mothers. Numerous cases in India, USA, China and several other countries have catapulted surrogacy into the forefront of public debate and policy. For some, surrogacy is a fundamental human right whereas for others, it is a gross violation of human rights. In India, Surrogacy is highly unregulated and hardly ever monitored. There is no binding law protecting the …show more content…
The aim of this paper is to examine the human rights violation on women as a result of commercial surrogacy and to propose ways in which amends ought to be made to the current Indian laws and regulations to improve the present condition of women in our country. Keywords: Commercial Surrogacy, Human Rights, Violation, Exploitation, Women Introduction Surrogacy refers to an arrangement whereby a woman called the ‘surrogate mother’ agrees to become pregnant for the purpose of gestating and giving birth to a child for others to raise. She may be the child’s genetic mother (traditional surrogacy) or she may be implanted with someone else’s fertilised egg (gestational surrogacy). This practice has gained a lot of prominence as it provides many infertile couples with genetically related children. Surrogacy also helps homosexual couples to have genetically related children and can assist a single man to start a genetic family. Commercial surrogacy can be categorised as altruistic, wherein the surrogate does not financially
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.
Internationally, issues revolving around the female body and reproduction are extremely controversial. For a woman, her body is a very private matter. At the same time, however, a woman's body and her reproduction rights are the center of attention in many public debates. Several questions regarding women's reproductive rights remain unanswered. How much control do women have over their bodies? What kind of rules can be morally imposed upon women? And who controls the bodies of women? Although the public continues to debate these topics, certain conclusions can been made concerning women and their reproductive rights. An undeniable fact is that government has a large degree of control over female reproductive organs. All around the world, time and time again, several national governments have implemented policies, enacted laws, and denied women control over their reproductive organs. Several governments have crossed the border between intimate and public matters concerning women's reproductive organs, by making laws about contraceptives, abortion, and family planning programs.
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.
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.
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
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 ...
Test tube babies have long been stigmatized by society as the unnatural results of scientific dabbling. The words `test tube baby' have been used by school children as an insult, and many adults have seen an artificial means of giving birth as something perhaps only necessary for a lesbian woman, or a luxury item only available to the elite few. The reality is that assisted reproductive technologies (ART) have been helping infertile couples have children since 1978.1 The methods of in vitro fertilization, it's variants, and the other ART procedures are ways for persons that would otherwise have no hope of conception to conceive and, in a rapidly growing percentage of cases, give birth to healthy babies. As the technology has developed, the quality and range of assistance has developed as well. At present, the means of assisted reproduction and the capabilities of these procedures has grown at a somewhat dizzying pace. However, thought to the repercussions of the applications of ART are being disregarded to some extent while the public's knowledge and the understanding of embryologists and geneticists surges forward. It is possible given consideration to things such as the morality of these techniques, the unexplored alternative uses of these procedures, and the potential impact they posses that further development is unnecessary and possibly dangerous.
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.
Women’s reproductive rights are a global issue in today’s world. Women have to fight to have the right to regulate their own bodies and reproductive choices, although in some countries their voices are ignored. Abortion, sterilization, contraceptives, and family planning services all encompass this global issue of women’s reproductive rights.
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
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
But there are certain rights which are given to illegitimate child for example, right to inheritance, right to maintenance. These laws are in general for an illegitimate child but there is no specific or defined law or legislation which is passed by the law maker in context to single mother or rights of child born out of Rape under Indian law or any other personal law. In addition to this it is important to understand and to know law prevailing outside India with respect to the current issue. As from the above study we can inferred handful of things on which there are no laws for pregnancy out of Rape or laws of single mother and her parental responsibility. This sometimes leads to agony and hardship for the victim of Rape as there is no proper law for her protection except few procedural judgments. The Indian criminal justice system should work on this and pass few amendments for the betterment of the victim and for the welfare of the unborn