Essay about It Takes Three: Gestational Surrogacy

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values of society by aiming to achieve justice and avoid conflicts surrounding surrogacy, while the commonwealth is obsolete on effective laws to prevent surrogacy issues.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.

This is best described in the article “Rules get tough for overseas surrogacy”. People using surrogate mothers in India may no longer be able to do so after the Immigration Department said it would not guarantee citizenship to babies. India is one of the most popular destinations for couples seeking surrogacy arrangements is changing its laws to require prospective parents to obtain a guarantee of citizenship for their child before starting the surrogacy process.

Some aspects may have been over looked, or the surrogate could develop issues once the child is born, hence the case of 'Baby M.'

There are two types of surrogacy: traditional surrogacy and gestational surrogacy. In traditional surrogacy, the surrogate mother is impregnated using the sperm of the intended father by a procedure called donor insemination. In this case, the surrogate mother and the intended father are genetically related to the baby. In gestational surrogacy, a procedure called in vitro fertilization is used to impregnate the surrogate mother using a couple’s fertilized ovum (Chittom and Wagner). There are two types of surrogacy arrangements: altruistic and commercial. In

The Marxist criminalization of commercial surrogacy originates from the class divisions produced when the reproductive labors of poor women are exploited by wealthy couples. Because the parties within a surrogacy contract often are not autonomous equals and hold distinct relationships to the means of production, female surrogates unintentionally reinforce class divisions through their participation in womb commodification. However, there are also cases in which surrogates are not drawn from lower economic strata, so the possibility of their labor being “forced” by economic circumstances is attenuated. These include instances of altruistic surrogacy, in which the surrogate is motivated by a desire apart from monetary need, such as a wish to bestow a gift upon the

The next topic was what would happen after the birth of these children. In the cases of illegitimate

I have no idea what I’m going to do, I’m a single surrogate mother, I was not expecting to have to take care of someone else’s kid, just because they don’t want the responsibility of caring for more babies then they intended on having. I can’t take on this responsibility, I already have three kids of my own, I can’t afford to take on any more children, but what I don’t understand is how are you going to pay someone to have your baby and as soon as you find out the surrogate is have more babies then you wanted, you all of a sudden don’t want to have the gift of rising those wonderful gifts.

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.

Although the use of a surrogate can provide a solution, there are some negatives to consider. One thing to consider is the condition that the surrogate endures to provide life for a family struggling to do it on their own naturally. The mothers that have the babies are referred to as “Rent-a-Womb” mothers in the article Cash on Delivery by Scott Carney. The women having the babies are like workers in a “baby factory”,  their sole purpose is to have children and this means “Most will spend their entire presences living in” a single building without their own families just so they can have a means of  income. Carrying a baby to full term and delivering takes a significant toll on the body, both emotionally and physically. In addition, the women

While this time may be difficult time for the family who wants to be the adoptive parent or parents to that child, it allows the mother the crucial time she to reflect on her situation and make the right decision for her and the baby she is carrying.

Many individuals have a life plan consisting of college, marriage, and then children. After numerous methods of conception, many couples are still unable to conceive a child. A woman who enters into a contract with a couple, agreeing to carry and birth a child, then hand that child over to the contracted couple, who is often unable to conceive own their own naturally is considered surrogacy (Pozgar, 2012). Surrogacy raises many ethical and legal issues for all parties involved. Is it moral or immoral to enter into an agreement with a woman to birth a child for money? What are the

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).

The carrier, and the biological parents have to come to an understanding that the carrier must be aware that once the child is born they no longer have any type of custody of that child. The carrier must understand and agree that after giving birth to the child, the have absolutely no relationship/contact with the child. The

With the husband thus removed as her surrogate decision-maker, it appears the patient's parents would become the highest level class of surrogate decision-maker and could provide informed consent for her care if the patient is unable to do so.