Should Surrogacy Be Legal?

The majority of the children awaiting adoption are not simply sitting in institutions with little human contact and no sense of family. Most children waiting to be adopted are in foster care. Foster care provides temporary placement in a family setting. "Over 500,000 children in the U.S. currently reside in some form of foster care" (Foster). This is not to say that there are over 500,000 children waiting for adoptive parents. Actually, the number needing to be adopted ends up being much lower. "Two out of three children who enter foster care are reunited with their birth parents within two years. A significant number, however, can spend long periods of time in care awaiting adoption or other permanent arrangement" (Foster).

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.

Even though adoption as a process has negative results for adopting children, some people still takes this act to be a good act where children who are deprived of parents still have a

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.

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.'

Surrogacy should be allowed in every state in the United States because it is some womens only option to have a child. “The Akanksha Clinic in Gujarat has drawn praise from Oprah Winfrey for ‘making mother’ dreams come true. Left unsaid is that these dreams come at a cost: surrogate mothers from very poor are forced to live in rooms with 10 to 15 other mothers, away from families, for most of their pregnancy” (Persons, Not Products). Women are so desperate to have children they will go under terrible living conditions to bear a child for another woman. Some women have illnesses where they are not able to have children, but still want children. If a woman is having a hard time conceiving chances are she has an illness that prevents her from

Some surrogates receive compensation for the pain and suffering they endure throughout the pregnancy, and other surrogates do not receive any monetary supplement. As of 2012, commercial, or paid, surrogacy is legal in India, Ukraine, and California and illegal in Australia, many US states, and England. However, surrogates can carry a child with no compensation in these areas, called altruistic surrogacy. In some areas of the world: Germany, Sweden, Norway, and Italy, do not allow surrogacy in any form. Although in the areas where surrogacy can be compensated, many people are upset at the fact that a large sum of money that the Intended Parents pay goes to the middleman agency and infertility clinics. For international families, the struggle is much more than just trying to have a baby. They have to jump through hoops even after the baby is born. They may need to stay in the country the baby was born in for up to three months to finalize formalities of citizenship and transfer to their home country. Many unethical problems can occur during this waiting period, and in some cases the child is even taken away from the Intended Parents and is placed in an orphanage. There are precautions that can be taken to help limit the possibility of problems after birth. Entering a contract that guarantees guardianship and citizenship in the home country is a great

Surrogacy is not something new in America, as a lot of couples and women who can't get pregnant use this method to be able to have a baby they could call their own. But not everyone agrees with this style and some would even call it immoral. Today you will find out about what exactly is surrogate pregnancy and parenting and what are the things involved and at stake during this process.

Adoption is a big decision for birthparents (and adoptive parents). There are so many factors to consider when putting a child up for adoption and also when adopting a child. A majority of the time the birth father isn¡¯t even considered in the decision. Birthparents often begin to second guess their decision of adoption usually after the birth of their child. They get attached instantly and don¡¯t want to give the child up. There are lots of pros and cons and some people don¡¯t even consider when they make comments about adoptive parents and children and open adoption.

There is absolutely nothing wrong with a childless couple wanting to adopt a baby—it would certainly be a wonderful, life-changing decision for both the parents and the child—but this still leaves a fairly large group of older children without a home to call their own. “Because of changes in legislation and policies regarding child welfare, increasing numbers of older children are being placed for adoption. Many of these children are defined as having ‘special needs’ and include children who are at risk for physical, emotional, or behavioral problems” (Schweiger). Statistics today show that the majority of children put up for adoption are said to have special needs, which could be any number of things that might make finding a home more difficult for them: they could be a racial minority, have emotional or physical issues, be of an older age, have siblings that cannot be separated from them, have behavioral problems, or possess a record of difficulty in past adoptive placements (Wind). All of these children are desperately in need of a family to call their own, although some children—such as those who are of an older age or those who have siblings that they do not wish to be split up from— have a significantly more difficult time finding one. Infertile couples are clearly the more traditional adoptive parents, but it would certainly be impossible for every child to find a home if they were the only group looking to adopt. According to Rene Hoksbergen, the

Further, applicants for adoption should be accepted on the basis of an individual assessment of their capacity to understand and meet the needs of a particular available child at the point of adoption and in the future (Rosario, 2006, p.8). The United States is facing a critical shortage of adoptive and foster parents. As a result, hundreds of thousands of children in this country are without permanent homes. These children deteriorate for months, even years, within state foster care systems that lack qualified foster parents and are frequently faced with other problems.

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