Should Surrogate Motherhood be Allowed? 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.

I read an article that was published on The Hasting Center Journal, called “The Case Against Surrogate Parenting”, by Herbert Krimmel, Krimmel takes a stand against surrogate motherhood arrangements because of the many ethical issues it causes, he argues surrogate motherhood, is a financial profit, there can be conflicts during the process, and is designed to separate in the mind of the surrogate mother. First, Krimmel argues that the reason a woman often or always undertakes the pregnancy is because of the money motive. He states, “The cause of this dissociation is some other benefit she will receive, most often money.' In other words, her desire to create a child is born of some motive other than the desire to be a parent. This separation

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.

There is nothing in federal legislation in regards to surrogacy. Laws regarding surrogacy vary from state to state. As of this moment, several states prohibit acts of assisted reproductive technologies. In those states any surrogacy contracts are unenforceable, proclaiming all contracts void (Hansen, 2011). Some of these states consider acts of surrogacy a crime, punishable by law. While some states allow surrogacy by only to married couples or to couples where one of the intended parents is related to the child. A majority of the states allow surrogacy to take place. In fact they have allowed the surrogacy field to prosper (Hansen, 2011). These states do not have any regulations on surrogacy. Surrogacy contracts are binding just as any other drawn up contract. When entering into such a potentially controversial contract, lawyers should be present to discuss any issues, and to witness the agreement.

It was only three days after being born that I was flown to my new family in Illinois. If I had not been for a one woman’s unselfish decision, I would not be writing the words on this page right now. Abortion is an ethically wrong decision and option for a parent. It is illegal to take the life of another human being; by choosing to have an abortion, legally a parent is not willingly killing a human life. However, this choice is still seen as a murder to most people. Women should be forced to place their children up for adoption instead of a choice have an abortion.

In the context of classical Marxism, the moral permissibility of surrogate motherhood is forcefully negated. Marxism condemns the practice of surrogacy as an exemplification of commodity fetishism in capitalist society, viewing surrogacy arrangements as a commercialization of the female womb. The term, “commodification of the womb,” thus arises to describe the process by which services carried out by the female womb are sold and purchased on the market. Through such transactions, the surrogate’s body and the infant it produces are transformed from subjects to objects that have both exchange value and use value in their commodified state.

Reproductive technology has come a long way in the last twenty years and continues to make expansive advances. The question "where do babies come from" is becoming harder and harder to answer. The response used to sound something like "when a man and a woman love each other very much…" now with in vitro fertilization, fertility drugs, and sperm/egg donors as well as future advances the answer will take on a new twist "…they go to see a doctor and look through a catalog to pick what kind of baby they want."

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.

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).

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