The Legal Status Of The Human Body

In On the Moral and Legal Status of Abortion, Mary Anne Warren discusses a few arguments against abortion, namely bringing into play whether the fetus is actually a person, or “not a member of the moral community”. She

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values of society by aiming to achieve justice and avoid conflicts surrounding surrogacy, while the commonwealth is obsolete on effective laws to prevent surrogacy issues.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

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

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.

Currently, there is no established regulation addressing the ownership of human tissues. Court approached the issue in significantly divergent forms, both defending that we possess our tissues and concluding that we do not at all. The topic is pertinent to science in general, and not only to neuroscience, as its implications heavily affect scientific research.

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

Mary Anne Warren (p.195-196) points out the exceptional circumstances of pregnancy; where one human is entirely biologically reliant on another and where it is impossible for complete personhood rights to not be in conflict between the foetus and the mother. Consider the following case. A mother and an expecting mother both express an intent to kill their child or unborn child respectively. Services are available to take the postnatal children from their mother without affecting her body. Yet to protect the foetus, one would have to imprison the mother until birth, or worse, force a caesarean on her. Warren (193) points out that forced caesareans are not merely a hypothetical

“I think people are morally obligated to allow their bits and pieces to be used to advance knowledge to help others” (Korn). Different people have opposing opinions on the topic of whether or not patients or doctors own the body tissues after it’s been removed from the patient. Ownership is the act, state, or right of possessing something. Tissue ownership is different from ownership because once it leaves your body, you no longer own it. Contributing your tissues to the science world is superior because you can speed up medical advances, avoid litigation, and become a better individual by contributing to science and society.

The debate about abortion focuses on two issues; 1.) Whether the human fetus has the right to life, and, if so, 2.) Whether the rights of the mother override the rights of the fetus. The two ethicists who present strong arguments for their position, and who I am further going to discuss are that of Don Marquis and Judith Thomson. Marquis' "Future Like Ours" (FLO) theory represents his main argument, whereas, Thomson uses analogies to influence the reader of her point of view. Each argument contains strengths and weaknesses, and the point of this paper is to show you that Marquis presents a more sound argument against abortion than Thomson presents for it. An in depth overview of both arguments will be

The judgment raises interesting questions as to the characterisation of childbirth and parenthood within modern society. The majority in Cattanach appear to recognise this modern trend, treating the costs of raising a child born as a result of negligence as the consequential harm of an injury for which parents are entitled to compensation, just as victims of negligence ordinarily are in respect of damages that are not too remote.

The next minor claim Willis presents is that the life of an unborn child is less valuable than that of a woman who already has a history and has experienced life. According to Willis, a woman has more worth because she has “feelings, self-consciousness, a history, social ties” (2005, p. 515). By having to carry a baby, all of these important parts of her life are in jeopardy of being harmed (Willis, 2005). The concern Willis expresses for a woman’s life changing

The following essay will examine the morality of abortion with specific reference to the writings of Don Marquis, Judith Jarvis Thompson, Peter Singer and Mary Anne Warren. I will begin by assessing the strength of the argument provided by Marquis which claims that abortion is impermissible because it deprives a being of a potential “future like ours,” and then go on to consider the writings of Singer, Thomson and Warren to both refute Marquis claims and support my assertion that abortion is morally permissible primarily because of the threat to the freedom and bodily autonomy of women extending the right to life to a foetus in utero would pose.

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