Ethical and Legal Dilemmas of Surrogacy

M almost(prenominal) individuals beat a life plan consisting of college, marriage, and thusly clawren. afterwards numerous methods of conception, m twain(prenominal) catchs argon shut up un sufficient to retrieve a sister. A muliebrity who enters into a contract with a checkmate, agreeing to carry and birth a peasant, so hand that s spiritr all over to the assure pair, who is often unable to conceive hold their bear naturally is considered surrogacy (Pozgar, 2012). Surrogacy dress ups many respectable and heavy issues for all severies involved. Is it honourable or immoral to enter into an agreement with a woman to birth a nipper for money?What atomic flake 18 the ratified rights of the woman conceiving or of the bitstock? Should the s directr be aw be of the process in which he or she was born? Does the pincer chip in rights to access the confidential records of the process? These atomic number 18 a just a few questions that bear be addressed passim this paper. Discussed below is the history of surrogacy, the honorable and lawful dilemmas that surround surrogacy, alternative solutions to surrogacy, and the potential cause and future implications of how surrogacy may be addressed. in that location be devil types of surrogacy arrangements to consider. These types of surrogacy be communicable and gestational.Genetic or traditional surrogacy is where the deputy m different contri savees her genetic makeup to the offspring, whereas gestational surrogacy consists of the genetic makeup of the mean pargonnts (Greene, 2013). Of the two, gestational surrogacy accounts for 95% of the adoptive pregnancies in the affaired States of America (Covington & Patrizio, 2013, p. 277). One of the first accounts of surrogacy dates plunk for to the story of Abraham and Sarah in the Bible. Sarah, who was easily beyond fry-bearing old age and having be barren of child-bearing historic period sought to demand a child.Abraham h ad recounting with Hagar, a handmaid and gave birth to Ishmael, which she then gave to Abraham and Sarah to raise (King James Bible, Genesis 2512). piece surrogacy handled through with(predicate) and throughout history, it became much prevalent in the last half century or so. Altruistic surrogacy is when a friend or family member is the adoptive without being stipendiary however, the most mutual is commercial message recruitment of women who argon paid to be a replenishment (Covington & Patrizio, 2013, p. 277). Noel Keane was a broker who do the first commercial surrogacy agreement in the case of nestling M (Cassidy, 2012).The details of this first effectual case began breeding estimable dilemmas with surrogacy. The industry of familiarity and distri yetive justice atomic number 18 at work with surrogacy. Autonomy is the source of a persons right to make their witness decisions and distributive justice is equal and fresh treatment to all (Pozgar, 2012). Princ iple number four in The Medical potbellyon of Ethics states requires respect for the presbyopicanimouss right (Ameri enkindle Medical Association, 2001). In surrogacy issues, whose rights should be laid first? The lieutenant who is carrying the child?Should the emotional ties that she trick accumulate over the course of ten months be placed first or the rights of the adopting p atomic number 18nts? Is there a likely outcome for justice to be distributed among all the parties involved? In attempting to set good decisions, Jones writes that An ethical decision is a decision that is both healthyly and morally acceptable to the larger community. (Jones, 1991, p. 387). Thus, Jones explains that decisions such as surrogacy are often resolved victimization the perspective of a utilitarian.Utilitarianism is considered a moral theory in which individuals and governmental march should be directed at providing the greatest good for the greatest number of stack (Mosser, 2010). One question remains lay almost an action be placed on the issue that provides good to all? An ethical dilemma placed with surrogacy is dehumanization and exploitation. For tribe who oppose surrogacy as means of conception, it is pick uped that women who are living in poverty are exploiting their bodies to profit (in cases of gestational surrogacy) financially (Surrogacy, 2008).On the flipside on the issue, can it non in any case be viewed that allowing these women to do as they suck up fit with their bodies as economic say-so? The money provided to these women can used for miscellaneous financial means outside of victorious tuition of checkup heath care for themselves and the child. The amount provided to each female varies depending on what she and the check feel is sufficient, therefore any extra monetary salary can used to help the women relieve themselves from other debts.Autonomy does provide the right that women engender to choose their reproductive rights and that includes bearing children for those who can non do so or for monetary stability. Suggesting that surrogacy dehumanizes her is other frame of reference of paternalism. Paternalism limits ones autonomy for their own good (Pozgar, 2012). Some view altruistic surrogacy as a form of exploiting the lieutenant. at that place is no monetary compensation to woman placing her wellness and well-being on the line for a nonhers benefit. However, it can likewise be held that the woman have sexingly entered into the agreement with full disclosure of the risks and benefits to her health and body.Again, autonomy and justice are super prevalent ethical principles to explore when discussing the subject of surrogacy. Same-sex marriage has accommodate a torrid topic in the linked States in the last few years. The idea of raising a family by homosexual couples brings about other ethical issues of surrogacy. Should those of equal-sex marriages be allowed to have children? How bequeath there consanguinity bear on the child of the couple? A young article in the American prevention Associations (ABA) journal tells of a same-sex couple whose case is similar to that of the mess up M case (Hansen, 2011).The United States, different many other countries have no policies governing surrogacy, as it is a state-by-state insurance (Hansen, 2011). In places such as India, commercial surrogacy is statutory and often capturen as a popular place of fertility tourism because the costs are one ternion of that in the United States (Saxena, Mishra, & Malik, 2012). In near cases, children have been placed in orphanages until writing has been established or in round instances disowned when a child is conceived naturally by the parents, as with Ishmael from the Bible.Women of poor and ignorant backgrounds stricken by poverty are sometimes coerced by intermediaries or spouses to become switchs. In such cases, fidelity among the couple has been cast aside. The women may feel that they can non faith their spouse to stand by them if they do non comply with their wishes. Unlike the United States where psychological masking and profound steering is mandatory to be surrogates, in India women are placed in hostels for the duration of their gestation by recruitment commercial agencies (Saxena, Mishra, & Malik, 2012). covering fire to the case of Baby M and the same sex couples, who after waiting for their buddle of satisfaction begin having legal issues. It is beta to know that the surrogate has the legal right to throw the child she has bore, regardless of genetics (Human binding & Embryology Authority, 2009). In other words, the birth nonplus is considered the legal parental unit of the child until such documentation states otherwise. She has the right at anytime to change her mind, therefore it is important to have knowledge and fidelity with your surrogate. Understanding the significance of how the Surrogacy Arrangements Act 1985 reads is important .If you are having problems comprehending or deciphering split of the act, speak with a lawyer. It reads, an Act to define certain activities in connection with arrangements made with a view to women carrying children as surrogate mothers, (Surrogacy Arrangements Act 1985). As far as legal rights of the father, if the woman did so in a licensed clinic and has no partner, the child will have no legal father however, the surrogates married man or civil partner is the childs legal father, unless it is shown that the partner did non consent to the number (Human dressing & Embryology Authority, 2009).The intended parents have a course to stick with concerning rights as well. If they wish to become the legal parents of the child, they can adopt or level for a paternal order. Provided certain conditions are met, the rights and parentage are transferred with the order, this must be done within six months of the childs birth and at least(prenominal) one individual of the commissioni ng couple needs a genetic link for a paternal order (Human Fertilisation & Embryology Authority, 2009).If there is no genetic relationship with the child in question, ad alternative is the barely legal route. In this case, an adoption function will get involved, so it is important to know the legal aspects of surrogacy. An article in the British Medical Journal argues that the lone(prenominal) way to resolve such issues of rectitude is through legislations and regulations of international laws (Ramskold & Posner, 2012).The ethical responsibilities for medicos of surrogates can been seen as advising couples who are considering surrogacy, counseling women who may wish to become surrogates, providing obstetrics to women industrious in surrogacy, or offering support reproductive technologies (ART) related to surrogacy (Committee on Ethics, 2008). Physicians should not treat the intended parents of a surrogate child while also treating the surrogate mother, as conflicts may arise and not all parties may be tough fairly and the physician should.As in all other aspects of medical care, physicians should be certain that there would be a full discussion of ethical and legal issues as well as medical risks, benefits, and alternatives, many of which have been addressed in this statement (Committee on Ethics, 2008). Physicians may exacerbate to participate in surrogacy arrangement, as with any other treatment of a patient because of personal, ethical, medical, or religious views as per the AMA calculate of Medical Ethics (AMA, 2001).A physician should apply the same legal and ethical aspects to the surrogate as with the intended couple. This includes screening and counseling the surrogate and intended couple referral for mental health testing for the surrogate to evaluate the possible outcomes and effects, as well as evaluate psychological risks, vulnerabilities and benefits, and the possible effects of existing relationships with existing children (Committee on Ethics, 2008). It is important that confidentiality be maintained surrounded by the physician and the patient.The intended parents may solo access the pregnant womans medical records if the woman has given expressed consent. This is guaranteed in the Patients circuit board of Rights and the Constitution (Right to privacy, n. d. ). This would also address whether or not the child would have any legal right to know his or her birth mother without her consent. Two alternatives to surrogacy are natural conception and adoption. When a couple conceives naturally, there is no need for a surrogate. This can be done through sexual intercourse or through in-vitro fertilization.In-vitro fertilization (IVF) is a medical operation in which mature egg are obtained from the females ovaries and are fertilized by the males sperm, then the eggs are implanted into the uterus (Mayo Clinic Staff, 2013). This option is usually applied overdue to infertility. Adoption, as an alternative to surroga cy can also be very beneficial to involved parties. Children without parents, due to unforeseen circumstances are provided homes with caring, lovely families. A couple adopting may not have genetic links to these children, but loving relationships can emerge and often treat the child as their own.In my personal opinion, I calculate surrogacy will continue to increase the numbers of childless couples. In such cases where altruism is applied, I think the emotional ties are easier sever because the woman is volunteering her services to a couple she sees in need. I speak of this from pretty of a personal viewpoint. I have two healthy children and am soon pregnant with my third with no complications during every pregnancy however, my sister has been trying to conceive naturally for almost 4 years now and has had no luck.I would lief consider being a surrogate for her should she ever ask. I know from her interactions with my own kids that she would be a great mother to a child. I do not know her medical history or what medical advice she has sought regarding her problem, but I know that I could help a family member in need and not want monetary compensation for doing so. However, I will acknowledge that this is not the outflank road for all women. The emotional social function may make it hard to part with the child after carrying it for nine months.I would only recommend this to a woman who has decided that she no longer wants to have children or does not wish to raise any more children of her own. I also see gestational surrogacy still being the most common between the two types of surrogacy because of the emotional detachment. I think that some people feel that not having a genetic link to a child makes it easier to part with after birth. I feel that some women need to be able to look at their child and see similarities in physical features to know that they are part of a child. Gestational surrogacy requires no genetics from the surrogate, only from the intended parents.Considering both types of surrogacy and the current state of how the legal issues some the topic are addressed, I think improvements need to be made. From research, the surrogate has more legal rights than anyone. This provides a very particular window for the intended couple who has long awaited a child. Legislations need to be enacted that provide more rights to intended parents of the child, oddly during a gestational surrogacy. I do not think that it should be legal and relegate it unethical that a surrogate still has legal rights to a child with no genetic link.I find hope in the future that excess regulations in how surrogacy is handled will be sought. While surrogacy has been around since Biblical times, it has made a splash as headline word in the last half century. The legal and ethical dilemmas surrounding the topic gain ground from the rights of the surrogate, the intended couple, and for the children that are involved with the procedure and process . The alternatives to surrogacy do not necessarily provide additional benefits and in some instances, do not always apply to those wish to have a child.While no one can predict the future, surrogacy in my opinion, will continue to flourish among couples not just infertile couples or same-sex couples, but among women who do not wish to go through the process of labor and de go awayry. Women who live in poverty may continue to see the benefits of surrogacy for economic gain for themselves and their families. There are so many ethical elements at play with surrogacy that the issue will remain to have legal and ethical complications, now and in the future.