International Surrogacy Essay

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Zhang, Kai Min P7

International Surrogacy (cons)
Thesis Statement 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
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Was the baby Indian or Japanese? Because of different laws between India and Japan, the problem became very complicated. Their surrogacy contract didn’t mention this situation. There are no any existing laws to help to clarify the matter. This case shows that the unperfected contract and laws may make the intended couples into trouble if something unexpectedly happened. There is another case about international surrogacy. According to the article “Couple Given Right to Raise Surrogate Thai children.”, “An Australian couple has been granted the right to raise twins born to a surrogate mother in Thailand even though the commercial surrogacy agreement they entered into is illegal.” The couple Mr. Ellison and Ms. Solano comes from Queensland. “The twins were artificially conceived using the sperm from the man and eggs from an anonymous donor at a Thai fertility clinic, and were carried and delivered by a Thai woman.” The problem is, however, it is illegal to enter into an international commercial surrogacy in Queensland. If prosecuted, the couple would have faced a maximum three-year jail sentence. To pay a woman for surrogacy is not illegal in Thailand, but in different states of Australia, the laws of surrogacy are different. Under Queensland’s law, it is illegal to pay a woman for surrogacy. Finally, the court judged that Mr. Ellison was the biological father of the twins. This case highlights Australia’s complex surrogacy laws and the legal disputes of
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