Surrogacy Controversy

There are four types of surrogacy. First is the traditional, or formally known as genetic surrogacy. Genetic surrogacy is when the carrier donates both her eggs and her womb. With this route, there are many legal issues that the parents could face. Under the law, the carrier is the mother of the child. It is also unethical and illegal, according to the 13th amendment, to hand over the custody of a child for money. Also, against the 13th amendment, there is a forced separation of mother and child in this situation. One of the biggest risk that parents take with this type of surrogate mother, is that the mother is allowed to decide to keep the baby and they can do nothing about it. The surrogate mother, by law, is allowed to keep this baby because it is her egg which means that it is biologically her child.

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values of society by aiming to achieve justice and avoid conflicts surrounding surrogacy, while the commonwealth is obsolete on effective laws to prevent surrogacy issues.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

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

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.

The role of law reform in achieving justice for both families and members of society due to the changing ways in Australian culture. Surrogacy has become a more popular choice due to increasing numbers of Australian women wanting to put of child bearing until they are older in life which decrease their chances of being able to have children, this is due to changing cultural factors one being women wanting to stay in the work force. Reasons for surrogacy is also due to the child protection policy, which is making it more difficult/stricter for people to adopt children so surrogacy is seen as an easier option. As well as improved technology available which provides assistance for families through the surrogacy process. The legal issues within

Baby Business by Insight on SBS had a discussion about surrogacy in relation to a couple that had a baby though surrogacy. In the show it was said that most surrogate mothers have genetically babies, which the mother gives her egg and the father gives his sperm and the doctor inseminates it in the surrogate mother. Most of the everyday people have to the term “renting a womb” towards surrogacy whereas the Women Health Resources

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).

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

Abortion has always been a controversial topic in the United States for decades. Abortion is like taking the life of someone without their permission so it is technically “murder”. There is no such thing as an unwanted child, millions of families in the United States are always willing to adopt. On the other hand, there are circumstances where a woman can barely care and sustain herself so chances are that she will not be able to take care of her child. Or when a rape occurs, having an abortion is not as bad as when a woman has sex without protection and knows she has the chance to get pregnant.

Abortion is a controversial issue in many countries all the time and there are always two sides of abortion. Pro-life supporters believe that abortion is immoral, so they argue that it should be illegal because an unborn baby is life. However, they do not figure out that woman who is on the inevitable situation such as infection, rape, or extreme poverty would still have the abortion even though the abortion is illegal. Many women die due to unsafe abortion, which is illegal and performed by uneducated people. Therefore, the abortion should be legal to protect the life of ‘alive women’ because women’s life is equal to human’s right. I would like to provide more affirmative bases to support abortion in this paper.

Laws are legislated and enforced for the mere purpose of protecting all individuals in a society by stating what is and what is not acceptable behavior. Though it is impossible for these legislative decisions to please every single individual in a society, these governs are passed in morality of the thousands of elected parties in charge. Commercial surrogacy is a current complex issue that evokes strong moralistic response. Commercial surrogacy takes away the childbearing element in the reproductive period for individuals looking to have or extend a family. It has opened the doors for many who cannot bear children of their own though this behavior has also raised many concerns about the appropriate scope of the market. This “method for acquiring children” is more commonly objected because the children and women’s reproductive ability are being treated as a commodity. Summed up through Elizabeth S. Anderson’s article, “Is Women’s Labor a Commodity?” children are buyer durables and women are baby factories (Anderson 82). Anderson communicates commercial surrogacy children as commodities stating how this “market” that these children are born into expresses attitude that endorses market norms as opposed to ‘norms of parental love”(Anderson 76). Anderson focuses her paper towards the manipulation, alienation, and exploitation of women that commodifies women’s reproductive capacities. Through Anderson’s argument and her perceptive relations of this market to alienation,

In her article on surrogate pregnancy, Bonnie Steinbock takes the stance that surrogate pregnancy not be illegal but that someone needs to set rules and regulate it in a way that is more beneficial than potentially harmful. She believes that well-regulated surrogacy should be the outcome of the rare cases that have occurred in surrogacy, such as the Baby M Case. Steinbock is against restricting individual’s freedom, decisions, and actions, as well as acting paternalistically. She reasons that surrogacy does not result in exploitation, loss of human dignity, or harm to others; therefore, it need not be prohibited.

One of the most popular commercial places that surrogacy’s take place is in India where it is legalized and much cheaper than in the United States (Gentleman, p.1). In India women sign surrogacy contracts that legally bind them to be implanted with another woman’s egg, grow the baby, give birth to the child, and then hand over the baby and all her rights to the biological parents (Sandel, p.91). Even with surrogacy being legal, there is much debate about the ethical ramifications it brings to society. All three sources believe that surrogacy acts as “wombs for rent” for the wealthy families of the western hemisphere (Warner, p.2, Gentleman, p.2). Sandel argues the ethicality of the free market may not always be as free as they seem, arguing that there are certain goods that are degraded when bought and sold (Sandel, p.75). In India women are being exploited by the surrogacy contracts having their reproductive systems put on the market. In Justice, Sandel claims that it is unethical in his two objections- tainted consent and degradation of higher goods.

Surrogate Motherhood is something that not many people actually support, even though it “is one of the many reproductive techniques that have enabled infertile couples to have children” (qtd. in Freedman). There are two types of surrogacy, traditional and gestational. The traditional type of surrogacy involves the surrogate mother being (AI) artificially inseminated with the sperm of the intended father or sperm from a donor when the sperm count is low. In either case the surrogate’s own egg will be used. Genetically the surrogate becomes the mother of the resulting child (Storey). Although there are two different types of surrogacy, a traditional surrogacy is rarely seen or done anymore. In gestational surrogacy, the surrogate mother has