Leavitt (2012) states, “surrogacy is an infertility option in which a woman carries and delivers a child for another person or couple.” It is formally established from the start of the process that the woman who is carrying the child agrees that she is not, and will not be, legally responsible for the child (Leavitt, 2012). There are two different types of surrogacy that can be chosen from, traditional or gestational (Leavitt, 2012). In traditional surrogacy, the surrogate provides her own eggs for fertilization, therefore not making her biologically related to the child (Leavitt, 2012). The surrogate’s eggs are fertilized with the projected father’s sperm, usually through intrauterine insemination (IUI) (Leavitt, 2012). Because of the much legality associated with traditional surrogacy, is not that commonly used (Leavitt, 2012).
According to Leavitt (2012), with gestational surrogacy, the gametes of the prospective parents are provided in order to fertilize the embryo. Once properly fertilized, the embryo is embedded into the uterus of the surrogate mother to begin the official pregnancy, and therefore surrogacy process (Leavitt, 2012). Therefore with gestational surrogacy, the surrogate mother is only providing a womb for the developing fetus, and is in no way biologically connected to the child. Surrogate mothers can arise from a wide variety of women, including a willing stranger, a friend, or even a family member (Leavitt, 2012).
Candidates for surrogacy are typically women who do not have a normally functioning uterus. A woman may have been diagnosed with a disease in which a pregnancy could have the potential to be life threatening (Leavitt, 2012). Also, a woman who has endured substantial permanent trauma to her reprod...
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...ogates may be vulnerable to manipulation, and may accept an unfair sum of money because of pressure from the prospective parents or lack of understanding, if the surrogate does not have an independent representative (Luckey, 2012). If the surrogate does not have someone assisting her with the process, she will be forced to bear the full weight of the risks involved with the agreement and process by herself.
Commercial surrogacy does have both its pros and cons. However, the positive outcomes for both the surrogate mother and the new family outweigh the legal and ethical disparities that many argue over. Commercial surrogacy should simply be viewed as just another job for some women. Although paying someone to carry the pregnancy of your child is quite different from buying a television, for example, both transactions result in ecstatic and pleased individuals.
Surrogate pregnancy was talked about and questioned in the early 1970’s but was not put into practice until 1976. The first case documented actually comes from the bible. It was the story of Abraham and Sarah. Sarah talks about her experience with infertility. She then turns to Hagar, her handmaiden, and asks her if she would carry their child for them since she was unable to. Hagar was their maid so in a way it was a command, not exactly a favor or question.
..., Legal ,Moral & International Perspectives on Surrogate Motherhood: The Call for A Uniform regulatory Scheme in The United States, Depaul Journal of Health Care Law Vol.2:557,pp585
A surrogacy is the carrying of a pregnancy for intended parents. There are two kinds of surrogacy: “Gestational”, in which the egg and sperm belong to the intended parents and is carried by the surrogate, and “traditional”, where the surrogate is inseminated with the intended father’s sperm. Regardless of the method, I believe that surrogacy cannot be morally justified. Surrogacy literally means “substitute”, or “replacement”. A surrogate is a replacement for a mother for that 9-month period of pregnancy, and therefore is reducing the role of the surrogate mother to an oversimplified and dehumanizing labor. The pregnancy process for the gestational mother can be very physically and mentally demanding, and is unique because after birthing the
I would have said that it was a generous and thoughtful act of kindness for a surrogate to be willing to help a couple bring a child into this world. I would have never thought deeply about some of the moral and ethical aspects of surrogacy, until now. I have been married for almost four years, and I believe in the unity of marriage and the idea of becoming one. After reading Cahill’s argument on surrogacy, and reflected on my own moral values, I immediately took a stance to agree with her. I believe that when it comes to a child, the best interest of the child should be a top priority. I am not a mother, but I am very passionate about children, and find their lives to be so precious. Parents should always have the child’s best interest in mind when making choices regarding their child’s life. A surrogate may be doing it as an act of kindness, and that may be her intention. However, I agree that surrogacy brings a dualistic element to the relationship. I know that as a married woman I would never hire a surrogate to bear my child, nor be a surrogate to carry someone else’s child. I want children, but I would never want to be treated as the means to an end, and I would not want my child to be considered a commodity. I strongly agree with Cahill in that a binding moral obligation does come with certain choices, even if we did not choose them in the first
The advancement and continued developments of third-party assisted reproductive medical practices has allowed many prospective parents, regardless of their marital status, age, or sexual orientation, to have a new opportunity for genetically or biologically connected children. With these developments come a number of rather complex ethical issues and ongoing discussions regarding assisted reproduction within our society today. These issues include the use of reproductive drugs, gestational services such as surrogacy as well as the rights of those seeking these drugs and services and the responsibilities of the professionals who offer and practice these services.
A few weeks ago The New York Times published the article Hopeful Start for First Uterus Transplant in the U.S. The article talks about the candidate who will be receiving the first uterus transplant and the expected outcome (Grady). This is exciting news for many women in the United States, but there are a few people that don’t share the excitement. Although there have been uterus transplants performed in other countries before, bioethical issues still arise. There have been some heated debates on this issue in the past, and both the supporting and opposing sides make good points. The truth of the matter is that even though there is risks uterus transplants can benefit women and medicine a great deal.
...surance would open the door to possible rampant abuse by those perhaps seeking early insurance money or selfish relief from the financial or other burdens associated with such situations.
Countless people form their own judgment of why individuals choose to go through the action of surrogacy. Their opinions range, but the most common reason people believe others use surrogacy is just for the large payment they receive for doing it (Lopez, 1970). I do believe there are people out there who become surrogate mothers because of the money, but I do not believe people are abusing the money. I think women use the money to support their own family, and for things that will improve their life. If they were to use the money for things such as drugs, that would have been brought to the parent’s attention when choosing the right surrogate and going through all the background, and health checks before proceeding with the fertilization. Another social argument is some people think that instead of going through the procedure of surrogacy, they should choose to adopt a child instead (Lopez, 1970). I think the choice is completely up to the person wanting the child. Some people want to go through the excitement of bringing a child into the world, and the child being blood-related to one
Surrogacy is becoming extremely popular as a way for people to build their families and women to have a source of income. Many people have various reasons for their opposition to it whether it be by comparing it to prostitution or disagreeing with how military wives take advantage of the Tricare insurance. Lorraine Ali states in her article “The Curious Lives of Surrogates” that one of the more popular reasons to oppose surrogacy is that it contradicts, “what we’ve always thought of as an unbreakable bond between mother and child.” However, a woman’s inability to conceive her own children does not determine the absence of a mother to child bond.
Gestational surrogacy, especially when it involves commercial surrogates, challenges the status quo in the ethical theory of reproduction, because with this technology the process of producing a child can no longer remain a private matter. Now a public contract exists between two parties, the couple and the surrogate ...
Arguments against commercial surrogacy typically revolve around the idea that surrogacy is a form of child-selling. Critics believe that commercial surrogacy violates both women’s and children’s rights. In addition, by making surrogacy contracts legally enforceable, courts will follow the contract rather than choose what is best for the child. However, in her article “Surrogate Mothering: Exploring Empowerment” Laura Pudry is not convinced by these arguments.
Commercial surrogacy commodifies children because by paying the surrogate mother to give up her child, they treat the child as an object of exchange or commodity that can be bought and sold. As any business transaction, the parents give money for the exchange of an object, the child. The parents get their desired child and the mother gets the money, but what about what thee child think about this event? The parents and surrogate mother’s action were done with self-interest. It could be argued that they wanted the best for the child. However, the first priority in the intentional procreation of the child was not the welfare of the child but rather to give it up to the parents in exchange of money. Additionally, women’s labor is commodified because the surrogate mother treats her parental rights as it was a property right not as a trust. In other words, the decisions taken concerning the child are not done primarily for the benefit of the child. The act of the mother relenting her parental rights is done for a monetary price. She disposes of her parental rights, which are to be managed for the welfare of the owner, as if they were property right, which are to be handled for personal
Each county has a Surrogate Court and the Surrogate is the Judge of that Court. The Surrogate serves as Deputy Clerk of the Superior Court, Chancery Division, Probate Part, and Chancery Division, Family Part for adoptions, as well as Judge of the Surrogate’s Court. The Surrogate is a constitutional officer who is elected to the position by county voters every five years. The County Surrogate has the authority to qualify executors and trustees named in wills, to appoint administrators for those who die without wills, and to appoint guardians for minors and legally incapacitated persons. The Surrogate’s office is also responsible for overseeing the procedure in contested estate matters, in the declaration of incapacitation, in appointment of guardians, and in the granting of adoptions in the Superior Court of New
Detractor will state that surrogacy should be illegal because it is immoral, cost prohibitive for most, and even liken it to the sale of a child. Each of these objections to surrogacy are without merit once analyzed closely. There is nothing immoral about surrogacy. Surrogacy is even mentioned in the Bible. Abraham’s wife Sarah is infertile, and offers her slave to Abraham in order to give him a son. Moreover, morality should not be legislated. Bad things have happened throughout history when governments try to legislate morality. The Salem Witch Trials are a prime example of the travesties that can occur when one’s morals are pushed on another. The Crusades are another example of what happens when one’s beliefs are forced upon another. America is a great county that allows people to believe whatever they want to believe. If one does not believe in surrogacy, then he/she does not have to, but he/she should not prohibit other from the pursuit of happiness. Some detractors point out the fact that surrogacy is expensive and therefore should be illegal because it is not attainable for everyone. IVF costs about $12,000 per round in order to cover the medication, surgery, creating and transfer of the embryo, and the pregnancy test afterward(Kuczynski, 2008). This is extremely expensive for most families in America, but it is still a viable option for infertile couples. The entire argument that surrogacy should be illegal because it costs too much is like expecting Ferrari to close its doors because their cars are too expensive. Men and women are created equal, but not all men and women will live equal lives. There will always be the haves and the have nots. There is another group of people that like surrogacy to the sale of children. This argument does not hold water either. Surrogate mothers allow their bodies to be used to perform a function that is not available to an
She is a biological parent of the child. Commercial Surrogacy means a business-like transaction where a fee is charged for the incubation period. Lastly, there is a Non-Commercial Surrogacy in which there is no formal contract or any payment to the birth mother. It is usually an arrangement between close friends or family members.(1-10) There is no federal policy on the issue of surrogacy, all fifty states have been left to decide theses issues themselves and create their own policies.