Surrogate Mothers: Helping Infetile Couples vs. Ethical Abuses - Admission/Application Essay Example

t to conflicting views arising from technology such as the use of genetically-modified organisms (GMO), mapping of the human genome (allowing people to select certain genes for their progenies in the future), priority in getting vital human organs for transplant (Steve Jobs of Apple, Inc. got ahead of the line), decision to abort certain pregnancies (where defects were detected early in the fetus) and in the use of life-prolonging devices in terminal cases (brain-dead or heart-dead?). How should death be medically defined these days?

In most of these cases, the law has lagged behind technology. Even here in the US, the Supreme Court has ruled only in very few cases due to lack of precedents and existing state laws vary widely. Examples here would be Louisianas law regarding surrogacy as null and void (contrary to public policy) and New Hampshires state law that regulates these contracts and even provides for resolutions in case of violations in validly-entered contracts. A question of surrogate motherhood does not involve a few individuals only but rather the whole society (Rae, 9).

A priori question that precedes an informed debate on surrogacy rights is the conflict between individual rights and the right of the whole society, especially that of womens rights. Surrogate motherhood, whether voluntarily entered or coerced, is largely an exercise of an individuals rights. Either commercial or altruistic surrogacy involves freedom of choice in most cases and would be no different in other equally contentious issues like smoking, gun rights, pornography or abortion. The rights of an individual to smoke, carry a gun, have an abortion or view pornographic materials cannot be abridged and are limited only when there is potential harm to others, which in surrogacy cases, usually involve the child and surrogate mother.

The lack of a federal law regarding surrogacy has put the question to the states which, as mentioned earlier, vary widely. This residual state power leads