Surrogate Motherhood is when one women carries to term the fertilized egg of another woman. This procedure is chosen by married couples who can not conceive a child in the “natural way”. In some occasions the mother may be able to produce an egg, but has no womb or some other physical problem which prevents her from carrying a child. Whether or not the husband can produce a large amount of sperm is not a problem. Once the egg and sperm are combined in a petri dish fertilization is very likely to occur. The couple will then choose a surrogate mother and make an agreement in which she will carry the baby and release it to the genetic parents after the birth. There are four different kinds of surrogacy arrangements. Total
Surrogacy is when the woman bears a child that has been formed from the gametes of another woman and man and implanted in her body. Partial Surrogacy occurs when the birth mother contributes the ovum and the sperm is introduced by artificial insemination. 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. The majority of the states have not yet legislated on this subject. Those states that have taken positions differ greatly from one another, such as California and Virginia, who have taken opposing viewpoints California is the state that is the most sympathetic to the genetic parents.
Under California law surrogacy agreements are enforceable and the genetic parents are given all legal parental rights to the child. In Virginia, all legal parental rights to the child are given to the surrogate mother. Who is the legal mother? In the case of Johnson v. Calvert, in Virginia, the surrogate mother was found to be the legal mother of the child. If this case would have taken place in California, the biological mother is the legal mother. So it really depends on which state the act of surrogacy is taking place to name the legal mother. Are contracts for surrogate motherhood enforceable under
American law? Again, i...
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... both expert medical and psychological evaluations. Another major question that arises is whether or not the commissioning parents have the right to tell surrogate mother how to live?
Can the couple ban smoking, control alcohol, and other substance intake? These issues need to be taken into mind before choosing a surrogate mother and needs to be stated in the contract.(1-2) In conclusion, surrogate motherhood raises many legal and ethical dilemmas, especially that of who the legal mother is.
Surrogate motherhood dramatically alters society norms and creates many different legal viewpoints. But no matter which legal body is dealing with this issue, they all face the same moral and ethical dilemma: that a child born out of surrogacy has a bond with both the genetic mother and the surrogate mother.
The bond between these two women and this child is permanent and cannot be changed by law. The law can only govern which woman has the legal right to raise the child.
Works Cited
Centre Points, Volume 1, No. 1, Article #2, Surrogate
Motherhood and its Human Costs, Suzanne Rozell Scorsone,
Ph.D. ;1-2
Johnson v. Calvert, 5 Cal. 4th 84, 851p.2d 776, 19 Cal.
Rptr. 2d 494 (1993); 1-10
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.
When the author states that is unacceptable to accept the risk of inheriting this disease with the consent of the future child, the author fails to recognize that essentially all actions performed by the surrogate mother are done without consent. This includes drinking alcohol and smoking. While these behaviors are harmful in large amounts, they are not monitored by a third party nor have proven to cause enough damage in small amounts so the life of the child would be unsatisfying. Thus, the mother is accepting a risk on behalf of another, yet wh... ... middle of paper ... ...
Aside from including medical complications, there are psychological risks for the surrogate, future psychological risks of the child, lack of trust between surrogate and intended parents, etc. Women may have psychological reactions when being surrogate mothers that include depression when surrendering the child, grief, and even refusal to release the child. This can be seen in the iconic Baby M case. In the Baby M case, a traditional surrogacy was arranged between the Sterns and Mary Beth Whitehead. All went smoothly until the last few months of the pregnancy, when Whitehead began acting on her own. After bearing the child, she had a very difficult time surrendering the baby, and returned the next day saying she was suicidal because of it. (Baby M and Mary Beth Whitehead. Surrogate Pregnancy in Court) She threatened to kill herself and the baby if she didn’t get to keep her. Whitehead had kept the baby for months after childbirth while the trial was taking place. There was an ongoing struggle between Whitehead and Mr. Stern, the two biological parents each wanting custody, and they developed a sort of odd relationship, acting as though they are a couple. In the testimony, Whitehead and Stern discuss the fate of “their” baby, completely disregarding Mrs. Stern, who was the intended mother. (Surrogacy: Baby M) The issue with traditional surrogacy is that the intended mother has no biological nor physical tie with the child. It can cause an identity issue for the child and problems in the future for the parents, saying that only one of the intended parents is actually biologically related to the child. The technological solution to that problem is gestational surrogacy, but that has issues of its own. Gestational surrogacy involves a surrogate implanted with the fertilized egg(s) of the intended parents through IVF. IVF has its own list of ethical issues and risks, but for the sake of simplicity, IVF involves some medical risks.
For many years, infertile couples have had difficulty facing the reality that they can not have children. According to Nidus Information Services Incorporated, 6.2 million women in the United States are infertile. This problem leads to many options. A few options have been used for a long period of time: the couple could adopt a child or keep trying to have a child themselves. For those couples that want to have their own children, there are new options arising. In vetro fertilization is an option that gives couples the chance to have a doctor combine the male's sperm and the woman's eggs in a petri dish and implant them into the woman's womb after the artificial conception. This may result in multiple pregnancies - more than five in some cases. This does not only occur in implantation, however. Many times the patient's doctor will ask her to consider selective reduction: aborting a few fetuses to save the ones she can. In a case of multiple pregnancy, selective reduction should be considered an option.
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.
In Vitro Fertilization (IVF) is a complex series of procedures used to help those who want children but struggle with infertility. The process consists of extracting eggs from a woman and collecting a man’s sperm sample then manually combining them in a lab dish. Once the embryo(s) are created they are transferred to a woman’s uterus. IVF is commonly used in woman who cannot conceive on their own due to different reasonings. “These include but are not limited to blocked or damaged fallopian tubes, male factor infertility, woman with ovulation disorders, genetic disorders, woman who have had their fallopian tubes removed and unexplained infertility.” (American Pregnancy)
Abortion: Do We Need It? 1. Abortion is a hot topic these days. We hear about it on television and on the radio. Should we, even take a stance on this issue when we have no idea?
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 ...
Commercial surrogacy respects the feminist theory as it allows women to be heard and considers their feelings and relationships. Commercial surrogacy overcomes oppression by returning power to surrogates, defeating the patriarchal society and providing autonomy. Commercial surrogacy also tackles the issue of potentially exploiting women by protecting surrogates and, addressing the risks of surrogacy. There are many ethical issues surrounding women and the feminist theory can be a powerful tool in determining moral
After reading the article written by Sandel, what surprises me is the service of surrogate mother in India, which sounds uncommon. However, as Hegel says, “what exists is reasonable”, the service must have some great advantages that attract “buyer” and “seller”. Indeed, couples finding a surrogate mother for their future babies spare many times, energy, or even money for the family. They can have more time to work, and additionally, the baby’s mother do not have to suffer from the pain when give birth. Money can buy convenience and efficiency. Who don’t want this benefit if he or she is able to afford?
Abortion may appear ethical or unethical depending on various viewpoints and circumstances. The fetus is considered a person and bringing it to term may be unethical as the act is considered as murder. In some situations, the mother may require to terminate a pregnancy for her bodily autonomy (Johnston, 2003). In such positions, the resolution to terminate a pregnancy may be argued as the most ethical choice. The mother is also considered to having a reasonable level of ethical responsibility to the fetus, because she did not take enough precaution to ensure avoiding conception (Cline, 2014). The mother’s ethical responsibility to the fetus may not be enough to deprive her choice of abortion; it...
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
In the United Methodist Church they have many different social principles, one of which relates to abortion. The social principle on abortion states “In the beginning of life and the ending of life are what God has given boundaries of human existence. Understanding that people have always had some amount of control over when they die and they have the same power to determine when and even whether new little people will be born. The belief in the holiness of unborn human life makes us scared to approve abortion. They recognize the conflicts of life that may justify abortion, and in some cases we support the legal option of abortion under medical procedures by doctors. They also support parents, guardians, and other responsible adult signatures and agree that other abortions can be done on woman who have not yet reached the age of adulthood. They don’t allow the late-term abortion also known as partial birth abortion. The Church society calls the Christians to search and prayerful inquiry into the sorts of conditions that may cause them to consider abortion. We entrust God to provide guidance, wisdom, and judgement to those facing an unintended pregnancy. The church also offers ministries to reduce the unplanned pregnancies. They commit to the church to continue to provide nurturing ministries to those who kill their pregnancy, or those who are in the midst of a crisis pregnancy, and those who give birth (umc-gbcs.org).
137- 29, No. 1 -. 3, 2005, pp. 113-114. 73-97