The Legality and Morality of Contract Pregnancy - Essay Example

THE LEGALITY AND MORALITY OF CONTRACT PREGNANCY OR SURROGACY INTRODUCTION The world over, the issue of married couples failing to have children is anold problem. Surrogacy is the practice that attempts to solve the problem; Essential, Surrogacy is a process that involves having another woman carry and deliver your baby for you. Surrogacy is either traditional or gestational. Traditional surrogacy involves the surrogate mother being artificially inseminated; with the intended father or donor sperm. Unlike in traditional, gestational surrogacy involves both sperm and eggs being in-vitrollary fertilized and implanted into the uterus of the surrogate. Surrogacy is intense, psychologically taking a toll on the childless couple and the surrogate mother. The attendant factor however is the legal complexity, entwined with the morality of surrogacy. The morality of surrogacy The role of religion in surrogate motherhood is best typified by the biblical scenario where barren Sarah (Abraham wife) arranged for Abraham and Hagar (Surrogate mother) to have a child. The surrogate role Hagar played made her proud and pompous to the extent of refusing to hand over the son she had born. Christian apologetic portend that "surrogacy is a personal decision between a couple and God. That God is the moral Arbiter in the universe, whose justification is exactly differentiated on what is immoral or moral". This factor afore mentioned deals with morality, enshrined in ones religion beliefs. The Vatican has condemned surrogacy including all other non conjugal reproductive arrangements as sinful. The Roman Catholic Church states that, this in defense of cardinal human values; implying the threat on the sanctity of the traditional family unit posed by a third party. The financing of a surrogacy to process is quite costly. However the factor that is debatable is the payment of dues to the gestational individuals. That from the onset one may pay to sleep (and sire a child) with a surrogate bring in the version of prostitution. The motive behind the payment made and accepted questions the ultimate goal. Whether it is for love or money The couple and the surrogate are encouraged to share information, to undergo successive therapies and medical checks. The unsettling factor is the probable loss of privacy. The exposure of ones personal details may leave one feeling uncomfortable and vulnerable. Pregnancy has its possible outcomes at birth in the form of miscarriages, multiple births, and serious disabilities. And there is always the risk that either the surrogate mother or the commissioning couple could have a change of mind. The legality of surrogacy Legislation is a measure with regulatory limits that has served in defining extents of surrogate motherhood. The law lacks uniformity in the application of the practice; however different federal jurisdictions distinguish between the concept of unpaid and unpaid surrogacy. The "altruistic" mode of surrogacy involves no payment for the service. On the other hand "commercial" surrogacy has the element of tribute payment. Altruistic surrogacy is, in many jurisdictions, unregulated. On the other hand punitive limits are placed on the commercial one. Advertising of surrogacy is prohibited, to reduce spread of practice. Surrogate contracts are unenforceable; hence surrogate mothers cannot relinquish custody of child to commissioning parents. The status of children Act, denies the bond between child and commissioning sperm donor while espousing the resulting offspring to be that of the surrogate mother and her husband (as legally bound). Successive lawmakers questioned talked of undesirable separation of roles, with a mother who sells her eggs, on who carries baby to term and the one to raise baby. Also most surrogate parents / couples were noted to be in search of specific quality refusing to accept disabled kids. Classic profiles are noted as driving point, with commissioning couples seeking positive eugenics. Surrogates are chosen due to the positive attributes the offer especially in the commercial surrogacy which may be by market mechanism. The objection to surrogate motherhood treating procreation as a tradable commodity is noted in commercial surrogacy and to a lesser extent traditional surrogacy. This is coupled with the exploitation of poor women who are involved in surrogate projects. The psychological setting has an impact on all parties involved. The offspring might feel cheated or disowned by parent. To a great extent, critic argues that, the surrogate mother is treated as an emotionless vessel, less human out to breed. EXECUTIVE SUMMARY Surrogacy Versus prostitution Prostitution involves consenting to sexual intercourse in exchange for favor especially monetary. The ultimate aim is not necessary to procreate. The main goal in prostitution is satisfaction of ones sexual urges, unlike in surrogacy where the aim is to give rise to child. In both situations however the traditional sexual partner is left out. In addition the element of consenting partners is outstanding. The undertakings vary; the therapies and clinical examinations or arranged roles of all parties in surrogacy are a departure from the coitus that is the only aim in prostitution apart from the money factor. The task force realizes that different people have varying aims for sexual liaison. The divergence of such goals creates the need for surrogacy contracts to be unenforceable in courts, while protecting the civic liberties of the individuals involved. Whereas legislation already exists on surrogacy, the lack of explicit ban on altruistic surrogacy is tacit acceptance and recognition of the practice. Caution should be applied in viewing surrogacy as altruistic or commercial. Since most objections that apply to commercial surrogacy equally influence altruistic surrogacy. The protection of the institution of motherhood should focus on individuals in both sides of surrogacy and prostitution. The desirable and tenable legislature being specific to each specific party as mentioned above. The laws of particular states should determine the mother of father of child prior to birth. Both the commissioning couple and surrogate should obtain legal council before agreeing to and signing a contract. The best understanding of the law on surrogacy is as it pertains to the particular interest of the couple. Slightest suggestion that one seeks to gain or has gained personal enrichment from action of surrogacy should be intensely checked. The law should seal possible "vacuums" that allow for the trade in babies in the name of surrogacy. With limitations to disclosure, the surrogate mother should be protected from possible infringement of her right to privacy and expression. REFERENCES 1 Lewis F. Human Evolution, Reproduction & Morality MIT Press, 1998 (USA) 2 Helena R. Surrogate Motherhood: Conception in the Heart Westview Press, 1994 (USA) 3. Martha A.F., Surrogate Motherhood, Harvard University Press, 1988, (USA) Read More