Gestational Surrogacy Essay

There are four types of surrogacy. First is the traditional, or formally known as genetic surrogacy. Genetic surrogacy is when the carrier donates both her eggs and her womb. With this route, there are many legal issues that the parents could face. Under the law, the carrier is the mother of the child. It is also unethical and illegal, according to the 13th amendment, to hand over the custody of a child for money. Also, against the 13th amendment, there is a forced separation of mother and child in this situation. One of the biggest risk that parents take with this type of surrogate mother, is that the mother is allowed to decide to keep the baby and they can do nothing about it. The surrogate mother, by law, is allowed to keep this baby because it is her egg which means that it is biologically her child.

The procedures of surrogacy is a delicate and sensitive topic which raises many concerns in the public. As a result of this, Australian laws and courts of law must allow and regulate these practices to make it safe for all involved. Commercial forms of surrogacy agreements are illegal in most states, shown in Part 2, Division 2 in the Surrogacy Act 2010 NSW and Chapter 4 Part 1 in the Surrogacy Act Qld. However, in remaining jurisdictions, couples are allowed to deal in commercial agreements and therefore often turn to an overseas arrangement. It is here where Australian law becomes more obscure and less regulated. In any arrangement including altruistic surrogacy, there are no enforceable laws on the agreement, hence prompting multiple issues regarding the parentage of the child. When the child is born from the gestational carrier- the birth mother and father, according to the Status of the Children Act 1996, are the legal parents. It is when the intended parents apply for a parenting order and accepted by the birth mother that the child’s parentage is transferred- this situation is set out in the case of Re Michael

Commercial surrogacy is the process in which a woman is paid a fee to carry and deliver a baby to term. Once the baby is delivered, the woman relinquishes all parental rights to the commissioning couple who exclusively raise the child as their own. Altruistic surrogacy, by contrast, is an arrangement where the surrogate receives reimbursement but only for the expenses that she may have incurred during the pregnancy. In this essay I will argue that commercial surrogacy should not be market-inalienable. I will start by outlining Elizabeth Anderson’s argument in “Is Women’s Labor a Commodity?” in which she offers a number of criticisms to commercial surrogacy. I will then outline objections to the argument and highlight how her argument is highly speculative and does not provide an adequate basis for the prohibition of commercial surrogacy.

Why the law is contradictory and ineffective when it comes to overseas surrogacy- Altruistic surrogacy is diversely regulated by the states and territories, raising the issue of the interaction of those laws in international cases. Commercial surrogacy is prohibited in Australia, but is permitted in other countries. An increasing number of Australians exploit this difference by entering into commercial surrogacy agreements overseas, raising the question of the effect of such agreements in Australia. Suggesting that the well-meaning regulation of altruistic surrogacy and criminalisation of commercial surrogacy within Australia is likely to be ineffective in cross-border situations. Accordingly, suggests to reform the Australian law and endorses

Non-legal responses include surrogacy Australia, which advocates for surrogacy as an effective means for infertile parents. By supporting surrogacy it helps to make it a positive way of becoming parents, which creates debate about it which eventually helps to create a law reform which will benefit people.

Australian law reforms have been adequately effective in dealing with surrogacy and birthing technologies. The NSW state reforms have effectively supported the changing values of society by aiming to achieve justice and avoid conflicts surrounding surrogacy, while the commonwealth is obsolete on effective laws to prevent surrogacy issues. As the demand for surrogacy and birthing technologies increases, issues surrounding surrogacy are more prevalent in society. Additionally, there is no Commonwealth law, meaning each state and territory has developed individual laws of surrogacy and birthing technologies, allowing for issues and challenges surrounding the protection and the rights of all parties involved.

Law reform is considered proactive with relation to surrogacy and birth technologies, as methods of conception must be permitted before they are conducted. Surrogacy, which occurs when one woman agrees to fall pregnant and bear a child for a couple, is illegal in NSW when the woman is paid a fee or award, under the Assisted Reproductive Technology Act 2007 (NSW). Hence, surrogacy must be altruistic. Furthermore, the Surrogacy Act 2010 (NSW) now criminalises an international journey for commercial surrogacy.

Baby Business by Insight on SBS had a discussion about surrogacy in relation to a couple that had a baby though surrogacy. In the show it was said that most surrogate mothers have genetically babies, which the mother gives her egg and the father gives his sperm and the doctor inseminates it in the surrogate mother. Most of the everyday people have to the term “renting a womb” towards surrogacy whereas the Women Health Resources

Purdy defends surrogate mothering from a consequentialist point of view. Her case is founded on two premises: firstly, that surrogacy is favourable (that is, it brings about pleasure and reduces pain), and secondly, that the practice is only non-traditional and not morally reprehensible. She thus concludes that "appealing to the sacrosanctity of traditional marriage or of blood ties to prohibit otherwise acceptable practices that would satisfy people 's desires hardly makes sense", and thus, surrogacy should be permissible (Purdy, 1999).

When one or more persons contract with a woman to gestate a child than relinquish that child after birth to the person or couple is known as surrogacy. It is a course of action that goes outside of natural reproduction. For some, it is the only method of having children, extending family. Surrogacy has been stirring up many controversies over the years. Ethics, morals, laws, religious views, etc. have played a major role in the issues that follow the topic of surrogacy. Laws and regulations pertaining to surrogacy vary from state to state. Some states have no enforceable laws

Laws are legislated and enforced for the mere purpose of protecting all individuals in a society by stating what is and what is not acceptable behavior. Though it is impossible for these legislative decisions to please every single individual in a society, these governs are passed in morality of the thousands of elected parties in charge. Commercial surrogacy is a current complex issue that evokes strong moralistic response. Commercial surrogacy takes away the childbearing element in the reproductive period for individuals looking to have or extend a family. It has opened the doors for many who cannot bear children of their own though this behavior has also raised many concerns about the appropriate scope of the market. This “method for acquiring children” is more commonly objected because the children and women’s reproductive ability are being treated as a commodity. Summed up through Elizabeth S. Anderson’s article, “Is Women’s Labor a Commodity?” children are buyer durables and women are baby factories (Anderson 82). Anderson communicates commercial surrogacy children as commodities stating how this “market” that these children are born into expresses attitude that endorses market norms as opposed to ‘norms of parental love”(Anderson 76). Anderson focuses her paper towards the manipulation, alienation, and exploitation of women that commodifies women’s reproductive capacities. Through Anderson’s argument and her perceptive relations of this market to alienation,

In today’s society, surrogacy is becoming a more and more popular and common issue. For many couples who cannot or unwilling to carry babies by themselves, surrogacy is the first choice to have their own babies and build a family. The legality of surrogacy is different for every country. There are countries that consider the birth mother as the legal mother while there are those that don't. Besides, a lower price of surrogacy in developing countries drives them to find surrogate mother overseas. Thus, international

Some view altruistic surrogacy as a form of exploiting the surrogate. There is no monetary compensation to woman placing her health and well-being on the line for another’s benefit. However, it can also be held that the woman knowingly entered into the agreement with full disclosure of the risks and benefits to her health and body. Again, autonomy and justice are extremely prevalent ethical principles to explore when discussing the topic of surrogacy. Same-sex marriage has become a hot topic in the United States in the last few years. The idea of raising a family by homosexual

Surrogacy is arrangement in which a woman is hired to carry and give birth to a child who will then be given to another couple or person. The child is usually related to the birth mother, but in some cases, may be related to the surrogate mother. Maria Trimarchi (2008) from a health article on infertility, informs readers of the “two types of surrogacy: traditional and gestational”. With traditional surrogacy, the surrogate mother 's egg is utilized and then fertilized and this makes her the genetic mother of the child. In gestational surrogacy, the egg is provided by the intended mother or a donor (Trimarchi, 2008). The egg is fertilized through In Vitro Fertilization (IVF) and then placed inside the surrogate mother (Cheung, 2014).

Surrogate Motherhood is something that not many people actually support, even though it “is one of the many reproductive techniques that have enabled infertile couples to have children” (qtd. in Freedman). There are two types of surrogacy, traditional and gestational. The traditional type of surrogacy involves the surrogate mother being (AI) artificially inseminated with the sperm of the intended father or sperm from a donor when the sperm count is low. In either case the surrogate’s own egg will be used. Genetically the surrogate becomes the mother of the resulting child (Storey). Although there are two different types of surrogacy, a traditional surrogacy is rarely seen or done anymore. In gestational surrogacy, the surrogate mother has