Ivf “Society Moves Ahead and the Law Limps Behind”

Gammy was born to a Thai surrogate who was paid by Australian intended parents. Gammy was born with down syndrome and a hole in his heart requiring extensive medical treatment. The intended parents chose to take Gammy’s healthy twin sister back to Australia, leaving Gammy with his surrogate. This case caused international concern, raising awareness of the lack of regulation of international surrogacy arrangements and highlighting the ethical considerations involved in the practice of

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.

Why the law is contradictory and ineffective when it comes to overseas surrogacy- Altruistic surrogacy is diversely regulated by the states and territories, raising the issue of the interaction of those laws in international cases. Commercial surrogacy is prohibited in Australia, but is permitted in other countries. An increasing number of Australians exploit this difference by entering into commercial surrogacy agreements overseas, raising the question of the effect of such agreements in Australia. Suggesting that the well-meaning regulation of altruistic surrogacy and criminalisation of commercial surrogacy within Australia is likely to be ineffective in cross-border situations. Accordingly, suggests to reform the Australian law and endorses

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

Effective law reform such as The Surrogacy Act 2010 (NSW) has greatly improved the Government responses to issues surrounding Surrogacy. The Act allows for transferral of parentage from the biological mother to the adoptive parents. This allows non-legally binding donor agreements to be considers and accepted, achieving justice for both parties involved in the process. By adapting to social values and accepting modern family structure justice is served for society. When the Surrogacy Act was introduced in March 2011, it becomes illegal to enter a commercial surrogacy agreement oversea in NSW, QLD, ACT, with penalties of up to $100000 or 2 years imprisonment. These penalties are seen in the worse interest for the child, as the child could be without their adoptive parents or grow up in economic hardship due to the fines. Although this is effective as it prohibits commercial surrogacy, as it underlines rights and freedoms under the Convention on the Rights of the Child (CRC), this is mirrored into state legislation to protect the child involved. This is highlighted under article 35 of CRC, where states should take measures to “prevent sale or trafficking of children for any

The aim of Australia’s family law while responding the ever changing values of society, is to achieve justice in any activity it undertakes. The success of this is valued and determined by whether any significant action has been taken as a result, and what the effects of such actions are on improving the situations of all parties involved. The effectiveness of family law on changing values cannot be determined when regarded as a whole. However, when broken down into certain values, such as in the topic of best interest of the child during separation and the issue of surrogacy, it can be seen that Australia’s family laws are not effective in levelling with the community’s changing values.

This suggests the law is successful in meeting society’s needs for children not to be perceived as, “commodities.” However, this logic is disputed; why would one pay for a “commodity,” which will reap no financial gain? The only reason seems to be the personal reward of bonding with a child. Thus, the legislation can spawn

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

The Marxist criminalization of commercial surrogacy originates from the class divisions produced when the reproductive labors of poor women are exploited by wealthy couples. Because the parties within a surrogacy contract often are not autonomous equals and hold distinct relationships to the means of production, female surrogates unintentionally reinforce class divisions through their participation in womb commodification. However, there are also cases in which surrogates are not drawn from lower economic strata, so the possibility of their labor being “forced” by economic circumstances is attenuated. These include instances of altruistic surrogacy, in which the surrogate is motivated by a desire apart from monetary need, such as a wish to bestow a gift upon the

How can the principles of ethics (autonomy, beneficence, nonmaleficence, justice) assist in finding a middle ground on new reproductive technologies?

Surrogacy, by definition, is the practice by which a woman (called a surrogate mother) becomes pregnant and gives birth to a baby in order to give it to someone who cannot have children (3). There are two types of surrogacy, gestational and traditional. The first is one where the resulting child is genetically unrelated to the surrogate mother. The second form, traditional, is when the surrogate mother is impregnated, whether the method is naturally or artificially, but the child is related to the surrogate given that the surrogate is the biological mother. In the case of Satz’s argument, the

Reproductive technology has come a long way in the last twenty years and continues to make expansive advances. The question "where do babies come from" is becoming harder and harder to answer. The response used to sound something like "when a man and a woman love each other very much…" now with in vitro fertilization, fertility drugs, and sperm/egg donors as well as future advances the answer will take on a new twist "…they go to see a doctor and look through a catalog to pick what kind of baby they want."

There is another case about international surrogacy. According to the article “Couple Given Right to Raise Surrogate Thai children.”, “An Australian couple has been granted the right to raise twins born to a surrogate mother in Thailand even though the commercial surrogacy agreement they entered into is illegal.” The couple Mr. Ellison and Ms. Solano comes from Queensland. “The twins were artificially conceived using the sperm from the man and eggs from an anonymous donor at a Thai fertility clinic, and were carried and delivered by a Thai woman.” The problem is, however, it is illegal to enter into an international commercial surrogacy in Queensland. If prosecuted, the couple would have faced a maximum three-year jail sentence. To pay a woman for surrogacy is not illegal in Thailand, but in different states of Australia, the laws of surrogacy are different. Under Queensland’s law, it is illegal to pay a woman for surrogacy. Finally, the court judged that Mr. Ellison was the biological father of the twins. This case highlights Australia’s complex surrogacy laws and the legal disputes of

Surrogacy is arrangement in which a woman is hired to carry and give birth to a child who will then be given to another couple or person. The child is usually related to the birth mother, but in some cases, may be related to the surrogate mother. Maria Trimarchi (2008) from a health article on infertility, informs readers of the “two types of surrogacy: traditional and gestational”. With traditional surrogacy, the surrogate mother 's egg is utilized and then fertilized and this makes her the genetic mother of the child. In gestational surrogacy, the egg is provided by the intended mother or a donor (Trimarchi, 2008). The egg is fertilized through In Vitro Fertilization (IVF) and then placed inside the surrogate mother (Cheung, 2014).

The carrier, and the biological parents have to come to an understanding that the carrier must be aware that once the child is born they no longer have any type of custody of that child. The carrier must understand and agree that after giving birth to the child, the have absolutely no relationship/contact with the child. The