The Legal Implications Of Surrogacy

910 WordsOct 26, 20154 Pages
One of the most popular commercial places that surrogacy’s take place is in India where it is legalized and much cheaper than in the United States (Gentleman, p.1). In India women sign surrogacy contracts that legally bind them to be implanted with another woman’s egg, grow the baby, give birth to the child, and then hand over the baby and all her rights to the biological parents (Sandel, p.91). Even with surrogacy being legal, there is much debate about the ethical ramifications it brings to society. All three sources believe that surrogacy acts as “wombs for rent” for the wealthy families of the western hemisphere (Warner, p.2, Gentleman, p.2). Sandel argues the ethicality of the free market may not always be as free as they seem, arguing that there are certain goods that are degraded when bought and sold (Sandel, p.75). In India women are being exploited by the surrogacy contracts having their reproductive systems put on the market. In Justice, Sandel claims that it is unethical in his two objections- tainted consent and degradation of higher goods. Sandel objects to surrogacy contracts claiming the exchange of human beings for monetary compensation is degrading of higher goods, the higher goods being human life (Sandel, p.96). Claiming there are some things money shouldn’t buy Sandel argues babies should not be included in a market transaction (Sandel, p.96). In India, the practice of surrogacy has morphed into an online shopping experience where people sift through
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