...Gestational Surrogacy: A Discussion My feelings regarding gestational surrogacy are limited only by my lack of knowledge on this subject. Moreover, I have no doubt this topic has passionate and appropriate arguments on both sides. Personally, family to me has included my nuclear family (husband and children) and extended family (parents, siblings, nieces, etc…). Once individuals choose to include third party participants in the formation or growth of their nuclear family; a whole host of challenges will be presented. In 2012, New Jersey utilized the Bioethics Commission to analyze this issue. A passage by Chief Justice Wilentz captured a sentiment shared by many. He stated, “There are, in a civilized society, some things that money cannot buy. In America, we decided long ago that merely because conduct purchased by money was “voluntary” did not mean that it was good or beyond regulation and prohibition. . . There are, in short, values that society deems more important than granting to wealth whatever it can buy, be it labor, love, or life” (Cassidy.H. 2012, para. 14). Utilizing gestational surrogacy as a viable option to parenthood is a very private and emotionally charged action and can lead to an equally charged reaction (good, bad or indifferent). My analysis of this topic raises deeper issues for me and in no way do I judge either side of this debate. Parenthood is challenging enough without including legalities as a birthday present for this little life. It...
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...Ethical Dilemmas of Foreign Surrogacy Marek J. Piszczatowski Valparaiso University ¬¬¬¬ Ethical Issues in Advanced Practice Nursing Dr. Christina Cavinder September 25, 2017 Ethical Dilemmas of Foreign Surrogacy Medical tourism is a rapidly growing phenomenon that, over the years, has become a multibillion-dollar international business. The advancement of Assisted Reproductive Technologies and increasing globalization, has made international surrogacy a popular option of acquiring a child for infertile couples from all over the world. Foreign surrogacy is not only a new and filled with potential practice but also a subject of legal and ethical debates. The purpose of this paper is to examine ethical issues surrounding intercountry...
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...Surrogacy Laws in other parts of the world Surrogacy not only involves the personal desire of intended parents or surrogate mother but it also has to deal with different beliefs, culture, ethical dilemmas and local jurisdictions of different countries all around the world & hence the laws regarding surrogacy varies accordingly in different countries. Below are the summarised form of such variations in few relevant countries: 1. Australia: In Australia, commercial surrogacy is strictly prohibited & hence is against the law however a surrogate is free to choose it altruistically. In most of the states of Australia carrying out commercial surrogacy is a criminal offense, although the Northern Territory has no legislation governing surrogacy at...
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...In Oct 2008, the Supreme Court ruled that "commercial surrogacy is legal and an industry in India", making it a legally protected and viable option for international couples. Named the Assisted Reproductive Technology (Regulation) Bill, 2013, it seeks to address issues like how many pregnancies can be allowed for a surrogate mother, the age of the mother and due compensation to be paid to her. "The issues addressed in the bill are compensation, informed consent and health of the women involved,” He said that the bill might also provide a punishment framework for violators. The bill will also provide a framework for letting foreigners use Indian surrogate mothers. Surrogacy in India has always been a controversial subject with activists blaming foreigners for exploiting poor women. In 2012, an Australian couple left behind one of the twins born to an Indian surrogate mother because they could not afford to bring up two children back home. The Indian case happened about two years ago and echoes the recent case of baby Gammy, who was born in Thailand to a surrogate mother and whose Australian parents only brought back his twin sister. In the Landmark case Baby Manji Yamada v. Union of India, a Japanese couple, Dr. Ikufumi Yamada and his wife, wished to have a baby and entered into a surrogacy contract with an Indian woman in Anand, a city in the state of Gujarat where this practice was pioneered. The couple went through matrimonial discord but the father still insisted on having...
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...and Legal Dilemmas of Surrogacy Christie Blackwell HCA 322 Dr. Nine Bell June 17, 2013 Ethical and Legal Dilemmas of Surrogacy Many individuals have a life plan consisting of college, marriage, and then children. After numerous methods of conception, many couples are still unable to conceive a child. A woman who enters into a contract with a couple, agreeing to carry and birth a child, then hand that child over to the contracted couple, who is often unable to conceive own their own naturally is considered surrogacy (Pozgar, 2012). Surrogacy raises many ethical and legal issues for all parties involved. Is it moral or immoral to enter into an agreement with a woman to birth a child for money? What are the legal rights of the woman conceiving or of the couple? Should the child be aware of the process in which he or she was born? Does the child have rights to access the confidential records of the process? These are a just a few questions that will be addressed throughout this paper. Discussed below is the history of surrogacy, the ethical and legal dilemmas that surround surrogacy, alternative solutions to surrogacy, and the potential effects and future implications of how surrogacy may be addressed. There are two types of surrogacy arrangements to consider. These types of surrogacy are genetic and gestational. Genetic or traditional surrogacy is where the surrogate mother contributes her genetic makeup to the offspring, whereas gestational surrogacy consists of the genetic...
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...PROJECT WORK ON “Surrogacy Motherhood” Under the Keen Supervision of:- Prof. Dr. M. Shabbir (Ambedkar Chair Professor of Law) Incharge & Chairman Department of Law, A.M.U. Aligarh Submitted by:- Faisal Ashfaq LL.M. (P) 13-LLM-20 GB1586 Synopsis * Introductory Remarks * Surrogacy and its Types * Necessity for Surrogacy * Hague Conference on Private International Law, March 2011 * National Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India * The Assistive Reproductive Technology Regulation (Draft) Bill, 2010 * Socio Legal Issues * The Present Indian Scenario * International Perspective on Surrogacy * Conclusion * Bibliography Introductory Remarks The very word surrogate means “substitute”. That means a surrogate mother is the substitute for the genetic-biological mother. In common language, a surrogate mother is the person who is hired to bear a child, which she hands over to her employer at birth. According to the Artificial Reproductive Technique (ART) Guidelines:- Surrogacy is an “arrangement in which a woman agrees to a pregnancy, achieved through assisted reproductive technology, in which neither of the gametes belong to her...
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...Look into Ethics and Laws Regarding Surrogacy HCA 322: Health Care Ethics and Medical Law A Deeper Look into Ethics and Laws Regarding Surrogacy 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 towards surrogacy, while others only permit surrogacy contracts that are uncompensated arrangements and gestational agreements (Trimarchi, 2011). Some states prohibit same sex couples from entering into any form of surrogacy contracts. In this paper, I will be address the legal and ethical issues involved and other aspects of surrogacy. History of Surrogacy and Case Study Surrogacy was assumed to have been around since the Babylonian times. Alternatively, the most credible records to date allocate managing legal passivity and the public responses during the middle of the 20th century. Surrogacy did not become public in 1976, when Attorney Noel Keane negotiated the first ever surrogacy agreement ("History of surrogacy," 2011). Attorney Noel Keane and Dr...
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...Surrogacy is when another woman carries and gives birth to a child for another individual. Though it can be an emotionally intense and legally complex arrangement, it is growing in popularity among parents as a way of having children. Having another woman bear a child for a couple to raise, usually with the male half of the couple as the genetic father, is referred to in antiquity. Babylonian law and custom allowed this practice and infertile woman could use the practice to avoid a divorce, which would otherwise be inevitable. One well-known example is the Biblical story of Sarah and Abraham, a nomadic Hebrew couple unable to conceive. Sarah offered her Egyptian slave Hagar as a surrogate, but later drove her away from the camp when Hagar became impudent during pregnancy. Hagar fled to Egypt, where an angel told her that her son Ishmael would become a leader amongst the Hebrews; she subsequently returned to Sarah and Abraham. Surrogacy requires a lot of time, money and patience to succeed, whether it's carried out privately or through an agency. But it can bring happiness to all concerned if the medical, legal, financial and emotional aspects are properly considered. Why choose surrogacy Someone may choose surrogacy if one can't carry a pregnancy, perhaps because: * Have had recurrent miscarriages. * Have a health condition which makes pregnancy and birth dangerous. * Uterus (womb) is abnormal or absent, whether since birth or after a hysterectomy. *...
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...people, mainly in medical and biological research. There are several ethical questions that arise during researches such as biotechnology (Veatch, 2011). This paper discusses Mary Beth Whitehead surrogacy case. The case study Bill and Elizabeth Stern could not bear a child because of Elizabeth’s sclerosis (Veatch, 2011). This couple in 1985 decided to pay Mary Beth Whitehead to bear Bill Stern’s child. Whitehead was paid ten thousand dollars. Upon agreeing, Mary and her husband, Richard signed a surrogacy contract. Mary was then inseminated. When the child was born Whitehead wanted to keep it. This resulted in a legal battle that saw a family court upholding Stern’s contract. The court approved Elizabeth Stern as the legal mother. The move was reversed bay New Jersey’s Supreme Court (Veatch, 2011). The court termed the contract as baby-selling. The Sterns were then given the chance to keep Baby M, in addition Mary Beth was granted strict visiting rights. Baby M at age 18 decided to cut relationship with Mary Beth by legalizing her adoption. Arising ethical questions From the case study, several ethical questions are left unanswered. Biotechnology and other biological researches have always rubbed some people the wrong way. This has prompted people to question some of the processes. Surrogacy frequently has been used by couples who cannot bear children. The Stern’s case is a perfect example. They entered into an agreement with the Whiteheads. The arrangement would see Mary Beth artificially...
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...With the advances in assisted reproduction technology (ART), such as surrogacy and in vitro fertilization, more people both inside and outside the traditional relationships of a biological mother and father have a chance to have a child. These families consist of single parents and also same sex couples. With same sex relationships, a third party has to be involved, which could be either a surrogate mother or a male donor. Unfortunately, there are still many people in society that are homophobic. Lesbian co-mothers are growing in population. ART has contributed to a significant increase in the number of lesbian and gay individuals choosing to raise children. Most lesbian couples obtain a child from either a past heterosexual relationship or by alternative insemination where the child then has two mothers and a male donor. People within society are concerned about this because it is not a traditional type of family. They feel that a child should have both a male and female figure represented in a family to make an ideal environment. Gay couples also have a hard time involving ART and children. One reason for this is because gay male couples have to go through both artificial insemination and surrogacy laws. The way that this usually works is that a gay male couple will find a woman who is willing to be a surrogate mother. The woman is artificially inseminated with semen from one of the two males and delivers the baby to the couple after the birth. One of the major problems...
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...Modern Assisted Reproductive Techniques Recently, the amount of people who are unable to conceive naturally have begun to increase. Therefore these couples have begun to look for other methods so that they can become parents. A lot of these procedures that can increase the chances of a couple becoming pregnant are subsets of a very common procedure known as in vitro fertilization (IVF). Most alternative treatments that are used as means to conceive are related to IVF or use in vitro fertilization as a part of their own treatments. Over the last century, the ways that people are able to conceive have changed drastically from just naturally conceiving. While there are multiple new methods of conceiving with medical assistance, there are many people who believe that using these unnatural means to get pregnant are morally wrong or that they are unsafe and damaging to everyone involved. In Vitro Fertilization (IVF) One of the more common medical procedures that couples undergo in order to have a better chance at conceiving, is In Vitro Fertilization (IVF). The Human Fertilization and Embryology Authority states, “IVF… [is] the fertilization of an egg (or eggs) outside [of] the body. Typically those who lean towards IVF treatment have been diagnosed with unexplainable fertility, have a blockage in their fallopian tubes, other methods of conception have not been successful, or if the patient is using preserved sperm or eggs. There are six steps in IVF treatment: the doctor will...
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...Look into Ethics and Laws Regarding Surrogacy HCA 322: Health Care Ethics and Medical Law A Deeper Look into Ethics and Laws Regarding Surrogacy 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 towards surrogacy, while others only permit surrogacy contracts that are uncompensated arrangements and gestational agreements (Trimarchi, 2011). Some states prohibit same sex couples from entering into any form of surrogacy contracts. In this paper, I will be address the legal and ethical issues involved and other aspects of surrogacy. History of Surrogacy and Case Study Surrogacy was assumed to have been around since the Babylonian times. Alternatively, the most credible records to date allocate managing legal passivity and the public responses during the middle of the 20th century. Surrogacy did not become public in 1976, when Attorney Noel Keane negotiated the first ever surrogacy agreement ("History of surrogacy," 2011). Attorney Noel Keane and Dr...
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...ELC 093 : TERM PAPER “SURROGACY SHOULD BE PROHIBITED WORLDWIDE” MAIZATUL AQIDAH BINTI SABARUDDIN (2015838224) SITI NAJIHAH BINTI MOHAMED HUZAINI (2015858408) LECTURER’S NAME : SIR AHMAD KHAIRULHAZIQ SURROGACY SHOULD BE PROHIBITED WORLDWIDE According to Surrogacy Arrangements Act 1985 Chapter 49, the “surrogate mother” which means a woman who carries a child in pursuance of an agreement can either contribute her genetic material as well as her womb, her uterus, or she can contribute her uterus . There are two main types of surrogacy , gestational surrogacy and traditional surrogacy . Additionally, if the surrogate mother receives compensation beyond the reimbursement of medical and other reasonable expenses, the arrangement is called commercial surrogacy. There are three parties who use surrogacy, mothers who have other issues with their bodies that inhibit infertility, homosexuals and parents who are infertile . Surrogate parenting is highly controversial by its very nature. Nevertheless, surrogate parenting is attracting wide spread attention as a viable alternative for infertile couples intent on having a child. Thus, surrogacy should be prohibited worldwide to prevent from exploitation of women, a form of child trafficking, violates the relationships between families and surrogates face difficult emotional and psychological issues . However, there are cases that support surrogacy. Sam Everingham is the founder of Surrogacy Australia and has children...
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...achieve pregnancy. According to the CDC, the use of these methods has doubled in the last ten years. There has also been an increase in the number of successes based on the most recently collected data as at 2012. The current percentage of people born through ART (assisted reproductive technology) living in the United States is at 1% which, quite frankly, is a lot of people (Assisted Reproductive Technology (ART), 2014). In the case of surrogate parenting, an agreement is reached typically between an infertile couple and a woman who is to carry a baby for this couple. There are two main types which are gestational surrogacy and traditional surrogacy. In gestational surrogacy, conception takes place by means of IVF (in vitro fertilization) which would mean that the surrogate mother will have no genetic relationship with the resultant child. In traditional surrogacy, conception will take place either naturally or artificially which would mean that there will be a genetic relationship between the surrogate mother and the pregnancy. Sperm and egg donation as the name implies is a practice in which sperm and eggs or embryos have been donated by a third party to enable the infertile individual or couple to conceive. The donors are usually screened before they can donate and are usually compensated for the donation. All these are various types of fertility treatment and have become more commonly used around the world, but they still raise some ethical concerns which will be discussed...
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...genetic mother. (Would you rather be a 'birth' or a 'genetic' mother? if so, how much?, 1994). The bonds a woman establishes with her child while pregnant is one that can never be replaced. If the majority of women would rather bear a child themselves for this particular reason; why is commercial surrogate motherhood on the rise? Some women are beginning to consider commercial surrogate motherhood as a better alternative than adoption. To enforce a contract on something that is so personal to women like labor and childbirth is not only ethically wrong but morally wrong as well. What is surrogacy? Surrogacy is when one woman bears a child for another that for some reason cannot do on their own. There are several types of surrogacy; Altruistic, commercial, genetic and gestatory. Altruistic surrogacy is when the person bearing the child is doing it for a family member or friend. Commercial surrogacy is when the potential parents seek an individual to bear their child and usually involves payment to the surrogate. Both altruistic and commercial surrogate mothers can be genetic or gestatory. Genetic surrogate mothers are genetically tied to fetus they carry (their egg with the potential father’s sperm if...
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