The Legal Aspects Of The Surrogate Pregnancy

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.

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).

When one or more persons contract with a woman to gestate a child than relinquish that child after birth to the person or couple is known as surrogacy. It is a course of action that goes outside of natural reproduction. For some, it is the only method of having children, extending family. Surrogacy has been stirring up many controversies over the years. Ethics, morals, laws, religious views, etc. have played a major role in the issues that follow the topic of surrogacy. Laws and regulations pertaining to surrogacy vary from state to state. Some states have no enforceable laws

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

Surrogate mothers have been the topic of many controversies, regarding how ethical it is. As many know surrogate mothers are women who bear a child for another woman (Surrogacy: the experiences of surrogate mothers, 2196-2204). There has been many sides to this argument, deciding whether it was ethical or unethical. Some people have chosen to support this type of medical practice, while others have shun it away completely arguing against it’s inhumane ways.

In their article “Cutting Motherhood in Two: Some Suspicions Concerning Surrogacy”, Hilde Lindemann Nelson and James Lindemann Nelson argue against the idea of commercial surrogacy. Their main argument revolves around the rights that biological parents owe to the children they bring into the world. This argument can be formulated as follows: 1) Bringing a child into the world makes a child vulnerable to harm, 2) Both of a child’s biological parents have duties and obligations to defend the child from harm, 3) Only biological parents can fulfill the duties to defend the child from harm and it is immoral for a parent not to do so, 4) Surrogate motherhood contracts require the biological mother to give up her parental rights, 5) Giving up parental rights prevents the biological mother from fulfilling her duties to the child, Therefore, 6) Surrogate motherhood contracts are immoral because the duties to the child are not met. This argument is, as any good argument must be, logically valid. It is impossible to disagree with the conclusion if the premises are true. However, this argument is unsound because not all of the premises are true. Biological parents are not the only people who can fulfill the duties owed to a child and protect them from harm. Surrogate motherhood contracts do not prevent the duties owed to the child from being met.

Pande thinks the long-range solution is to relax surrogacy regulation in other countries so that people don’t need to leave their home countries to find surrogate mothers. She proposed an international model of surrogacy founded on openness and transparency on three fronts: in the structure of payments, in the medical process, and in the relationships forged within surrogacy.

Parks realizes that a care ethics perspective makes global surrogacy expensive, rendering it undesirable from an economic point of view. This revelation is not a problem for care ethics, if it means the surrogates are to be seen as morally equal to the infants, the commissioned parents, then Parks has fulfilled her goal. Care is expensive, but this proves to be beneficial to this theory. In an effort to avoid a false dichotomy, commissioned parents either have to care for their future children and the surrogates that carry those children, or choose other means of reproductive assistance which are as expensive. Care ethics makes it possible to illustrate that there are more than economic benefits and abstract ethical norms that should be considered in terms of reproductive

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

In her article on surrogate pregnancy, Bonnie Steinbock takes the stance that surrogate pregnancy not be illegal but that someone needs to set rules and regulate it in a way that is more beneficial than potentially harmful. She believes that well-regulated surrogacy should be the outcome of the rare cases that have occurred in surrogacy, such as the Baby M Case. Steinbock is against restricting individual’s freedom, decisions, and actions, as well as acting paternalistically. She reasons that surrogacy does not result in exploitation, loss of human dignity, or harm to others; therefore, it need not be prohibited.

Some view altruistic surrogacy as a form of exploiting the surrogate. There is no monetary compensation to woman placing her health and well-being on the line for another’s benefit. However, it can also be held that the woman knowingly entered into the agreement with full disclosure of the risks and benefits to her health and body. Again, autonomy and justice are extremely prevalent ethical principles to explore when discussing the topic of surrogacy. Same-sex marriage has become a hot topic in the United States in the last few years. The idea of raising a family by homosexual

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