Should Surrogate Mothers Be Legalized in Taiwan?

Ellen Goodman did not support surrogates no matter the reasons why some women choose it. The author stated, “nevertheless, there is—and there should be—something uncomfortable about a free market approach to baby-making. It’s easier to accept surrogates when it’s a gift from one woman to another. But we rarely see a rich woman become a surrogate for a poor family. Indeed, in Third World countries,

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.

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values of society by aiming to achieve justice and avoid conflicts surrounding surrogacy, while the commonwealth is obsolete on effective laws to prevent surrogacy issues.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

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

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

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

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.

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).

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

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

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

On the flipside on the issue, can it not also be viewed that allowing these women to do as they see fit with their bodies as economic empowerment? The money provided to these women can used for various financial means outside of taking care of medical heath care for themselves and the child. The amount provided to each female varies depending on what she and the couple feel is sufficient, therefore any extra monetary compensation can used to help the women relieve themselves from other debts. Autonomy does provide the right that women get to choose their reproductive rights and that includes bearing children for those who cannot do so or for monetary stability. Suggesting that surrogacy dehumanizes her is another form of paternalism. Paternalism limits one’s autonomy for their own good (Pozgar, 2012).

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