Pros And Cons Of Commercial Surrogacy

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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.
Pudry disclaims surrogacy as child-selling, instead she believes that the practice is a service that a surrogate is provided. According to Purdy, since children are not property, a surrogate cannot sell something that is not hers to begin with. Even if a person has ownership over their
While surrogacy is a risky occupation, Prudy believes that women should be able to make that choice for themselves. Especially since in our daily lives we all engage in risky behaviors, such as driving a car or consuming alcohol. As a result, there is little reason to limit a woman’s choice in participating in surrogacy. However, Purdy admits that the current unregulated approach is unacceptable and legislations need to be endorsed in ordered to make the practice safer, since surrogacy will most likely continue to occur whether it is regulated or
However, Hanna disputes this by again applying it to a different situation. According to Hanna, if a company were to pay an employee money to produce five hundred widgets than according to the counterfactual principle, the employee has sold his rights to those widgets. However Hanna puts it in a different perspective, if in different circumstances the employee had produced these widgets without a contract, the employee would acquire rights to those widgets, but because of the contract, the company is paying the employee not for the rights to the widgets, but for his labor. In the same way, when as surrogate consents to a contract with the commissioning parents the surrogate did not obtain any parental rights and, as a result, she is being compensated for her

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