International Surrogacy Essay

This is best described in the article “Rules get tough for overseas surrogacy”. People using surrogate mothers in India may no longer be able to do so after the Immigration Department said it would not guarantee citizenship to babies. India is one of the most popular destinations for couples seeking surrogacy arrangements is changing its laws to require prospective parents to obtain a guarantee of citizenship for their child before starting the surrogacy process.

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).

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

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

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.

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

In the context of classical Marxism, the moral permissibility of surrogate motherhood is forcefully negated. Marxism condemns the practice of surrogacy as an exemplification of commodity fetishism in capitalist society, viewing surrogacy arrangements as a commercialization of the female womb. The term, “commodification of the womb,” thus arises to describe the process by which services carried out by the female womb are sold and purchased on the market. Through such transactions, the surrogate’s body and the infant it produces are transformed from subjects to objects that have both exchange value and use value in their commodified state.

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.

Surrogate motherhood is considered the most controversial form of medically assisted conception. Surrogacy is defined as an arrangement by which a woman gives birth to a baby on behalf of a woman who is incapable of conceiving babies herself or is infertile. The issue of surrogacy has been running for almost three decades. Elizabeth Cane was the first woman in the United States to legally become a surrogate mother in 1980 (Chittom and Wagner). Surrogate births are illegal in many countries, including some states in the United States. For example, it is illegal in Michigan, Washington, Utah, Arizona, New Mexico, and New York, whereas it legal in California, Oregon, Texas, and Arkansas (Chittom and Wagner). According to the Organization of Parents Through Surrogacy (OPTS), about 22,000 babies have been born from surrogate mothers in the United States since surrogacy became legal in the 1970s (Chittom and Wagner).

The surrogacy act is a common legal response as it address commercial surrogacy in NSW to be an illegal omission, if this act is breached fines of up to $110 000 and a maximum of two years imprisonment will occur as it is seen in morale and un ethical to pay someone to conceive your child. In 2010 the standing committee released a draft of 15 principals for a national surrogacy model, including the following

Law reform is considered proactive with relation to surrogacy and birth technologies, as methods of conception must be permitted before they are conducted. Surrogacy, which occurs when one woman agrees to fall pregnant and bear a child for a couple, is illegal in NSW when the woman is paid a fee or award, under the Assisted Reproductive Technology Act 2007 (NSW). Hence, surrogacy must be altruistic. Furthermore, the Surrogacy Act 2010 (NSW) now criminalises an international journey for commercial surrogacy.

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,

Surrogacy is an understanding or an arrangement in which one woman carries and then delivers a child for another person or couple. The woman who carries the child is known as the surrogate mother and she may be genetically linked to the child or entirely unrelated to it. The agreement made by the surrogate is usually in the form of a contract and thus a fee is charged for it. This type of arrangement is known as commercial surrogacy, however, there are cases where surrogacy is done simply on altruistic terms. (Sclater, 2003)

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).

Some view altruistic surrogacy as a form of exploiting the surrogate. There is no monetary compensation to woman placing her health and well-being on the line for another’s benefit. However, it can also be held that the woman knowingly entered into the agreement with full disclosure of the risks and benefits to her health and body. Again, autonomy and justice are extremely prevalent ethical principles to explore when discussing the topic of surrogacy. Same-sex marriage has become a hot topic in the United States in the last few years. The idea of raising a family by homosexual