Surrogacy Should Be Allowed In Australia Essay

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.

There are four Sections’ from the Criminal Code 1899 that are used throughout the process for abortion in Queensland. Criminal Code 1899 – Section 224 is “Any person who, with intent to procure the Criminal Code 1899 – Section 225 is “Any woman who, with intent to procure her own miscarriage, whether she is or is not with

Similar cases occurred in the 1960’s and 1970’s which ultimately resulted in the ICWA Act. In a similar situation a young man and woman had the same problem and the pregnant mother in question pursued the father to relinquish his rights (which he did) and the mother was cared for by the adoptive parents during her pregnancy (starting by the 4th month) until childbirth when the baby was legally adopted by the adoptive parents. Similar to this case which occurred in 2011 the young man in question did not agree that his daughter would be given up for adoption but only claimed that he had agreed to give up parental rights but the relationship of blood could not be terminated nor denied. In many of these cases from the era prior to ICWA the baby was taken from the adoptive parents and returned to her “rightful home since the relationship of parent could not be

Gammy was born to a Thai surrogate who was paid by Australian intended parents. Gammy was born with down syndrome and a hole in his heart requiring extensive medical treatment. The intended parents chose to take Gammy’s healthy twin sister back to Australia, leaving Gammy with his surrogate. This case caused international concern, raising awareness of the lack of regulation of international surrogacy arrangements and highlighting the ethical considerations involved in the practice of

Cases of this kind emphasise the tension between two significant policy goals: the child’s best interests, which must dominate the court’s determination as to whether to grant parenting orders, and the prohibition of commercial surrogacy. The former, naturally, prevails. In every published case, the Family Court relied on the evidence tendered by the intended parents indicating the foreign birth mother’s consent to the applications, even where some of that evidence was quite concerning; the birth mother’s lack of interest in parenting the child;and the satisfactory nature of the parenting arrangements achieved under the agreement, in concluding that the best interests of the child were served by making the parenting orders.The earliest published international surrogacy case is Re Mark (an application relating to parental responsibilities). The facts are fairly typical. A couple from Victoria entered into a surrogacy contract under which a woman in California agreed to bear a child for them; the ovum was supplied by an anonymous woman, and one of the applicants provided the

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.

Surrogacy involves a woman who bears a child for a couple, with the intention of handing it over at birth. She is usually either artificially inseminated with the man's sperm or implanted with a fertilized egg from the woman or with a fertilized egg with the husband’s sperm and wife’s egg. This would be done when the couple have tired endlessly to conceive their own child but

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

However, keeping the child would mean having the responsibility to properly take care of another human life. If it is YOUR child, it is YOUR liability. Not being able to provide that sort of stability would be risking a child’s happy and healthy future. In one study, unwanted children were less likely to have a secure family leading to higher chances of participation in criminal acts and lower self-esteem. Do you think it is right to withhold a woman’s wishes to potentially save their child from

It is usually used by couples who cannot naturally conceive. They usually cannot conceive due to a number of different reasons such as accidents, genetics, or disease, having recurrent miscarriages, health condition which can make pregnancy and birth dangerous, or other fertility treatments such as vitro fertilisation (IVD) have failed them. They are also used by couples who are in a same sex partnership. To these people, surrogacy is the one path to parenthood as adoption does not enable them to have a genetic link between the children the intended parents and adoption is currently illegal for same sex

Surrogacy is not a conspiracy to take down the government. It is simply a way for people who are are unable to have a baby, have a baby. Surrogacy involves the parents to be, the surrogate, and doctors. The government has no place in the process so they have no reason to want to ban or regulate it. Surrogacy is not harmful to anyone, there is no reason for it to be banned or regulated. Everyone deserves the right have a child, they deserve the happiness that having a child will bring them. Surrogacy can bring them that happiness.

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

Before the fertilization process, the surrogate mother should know her legal rights; And prior to signing a contract, a legal advisor and/or lawyer is necessary to make sure that the rights of the surrogate mother will not be neglected by the couple involved (Pitts 1). In order to avoid disputes, most infertility clinics require a contract. Legal counsel is recommended in order that all involved, to ensure that local laws are kept in compliance (Storey). There are already a significant amount of states that already demand contracts amongst both parties. Signing that contract gives the biological parents legal rights and custody to that child from the moment that it is born: