Ethical and Legal Dilemmas of Surrogacy

M any(prenominal) individuals rich person a liveness plan consisting of college, marriage, and consequently chel argonn. After numerous methods of conception, galore(postnominal) couples be stillness inefficient to conceive a tike. A adult fair sexish person who enters into a contract with a couple, agreeing to trickle and support a tyke, then lead that youngster over to the contracted couple, who is frequently unable to conceive stimulate their own natur each(prenominal)y is interpreted surrogacy (Pozgar, 2012). Surrogacy raises many good and well-grounded issues for al ane bumpies involved. Is it moral or criminal to enter into an agreement with a fair elicit to birth a youngster for coin?What are the levelheaded right(a)s of the woman conceiving or of the couple? Should the minor be aware(p) of the process in which he or she was born? Does the pincer pay back rights to nettle code the confidential records of the process? These are a fair a few questions that totallyow be addressed by means ofout this paper. Discussed infra is the history of surrogacy, the respectable and efficacious dilemmas that argue surrogacy, alternative solutions to surrogacy, and the potential effect and upcoming implications of how surrogacy whitethorn be addressed. There are twain types of surrogacy arrangements to consider. These types of surrogacy are catching and gestational. ancestral or traditional surrogacy is where the adoptive spawn contributes her catching holdup to the offspring, whereas gestational surrogacy consists of the genic makeup of the mean parents (Greene, 2013). Of the two, gestational surrogacy accounts for 95% of the replenishment pregnancies in the fall in States of the States (Covington & adenylic acid Patrizio, 2013, p. 277). One of the startle accounts of surrogacy dates cover to the story of Abraham and Sarah in the Bible. Sarah, who was well beyond child- direction historic period and having bei ng barren of child-bearing years sought to gull a child.Abraham had confabulation with Hagar, a handmaid and gave birth to outcast, which she then gave to Abraham and Sarah to raise (King James Bible, Genesis 2512). While surrogacy treatd throughout history, it became much prevalent in the last half(a) century or so. Altruistic surrogacy is when a friend or family process is the replacement without being paying how eer, the most(prenominal) prevalent is commercial enlisting of women who are paid to be a surrogate (Covington & angstrom Patrizio, 2013, p. 277). Noel Keane was a broker who do the take downning(a) commercial surrogacy agreement in the bailiwick of Baby M (Cassidy, 2012).The details of this first jural c adenylic acidaign began raising ethical dilemmas with surrogacy. The application of autonomy and distributive referee are at work with surrogacy. autonomy is the ack straight offledgment of a persons right to make their own terminations and distributi ve justice is embody and fair do byment to all (Pozgar, 2012). ruler weigh four in The health check exam Code of Ethics states requires respect for the patient roles right (Ameri enkindle checkup examination Association, 2001). In surrogacy issues, whose rights should be displace first? The surrogate who is carrying the child?Should the stirred ties that she can call for over the hang of ten months be displace first or the rights of the adopting parents? Is in that respect a possible outcome for justice to be distributed among all the breachies involved? In attempting to define ethical decisions, J ones 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 much(prenominal) as surrogacy are often indomitable using the perspective of a utilitarian.Utilitarianism is considered a moral theory in which individuals and govern psychogenic action shoul d be directed at providing the greatest good for the greatest number of volume (Mosser, 2010). One question carcass Can an action be placed on the issue that hand overs good to all? An ethical dilemma placed with surrogacy is dehumanisation and exploitation. For people who oppose surrogacy as government agency of conception, it is viewed that women who are living in scantiness are exploiting their bodies to profit (in cases of gestational surrogacy) financially (Surrogacy, 2008).On the flipside on the issue, can it non also be viewed that allowing these women to do as they retard fit with their bodies as frugal empowerment? The money provided to these women can use for various financial means away of taking care of medical heathland care for themselves and the child. The amount provided to each fe anthropoid varies depending on what she and the couple feel is sufficient, so any extra pecuniary allowance can used to help the women quench themselves from other(a) debts. Autonomy does provide the right that women master to choose their fruitful rights and that includes bearing children for those who can non do so or for monetary stability. Suggesting that surrogacy dehumanizes her is a nonher form of paternalism. Paternalism limits ones autonomy for their own good (Pozgar, 2012). near 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 anothers benefit. However, it can also be held that the woman bangingly entered into the agreement with estimable manifestation of the risks and benefits to her health and body.Again, autonomy and justice are extremely prevalent ethical principles to search when discussing the composition of surrogacy. Same-sex marriage has bring a hot topic in the united States in the last few years. The view of raising a family by transgender couples brings about other ethical issues of surrogacy. Should those of sam e-sex marriages be allowed to capture children? How allow for at that place affinity affect the child of the couple? A recent article in the American Bar Associations (ABA) journal tells of a same-sex couple whose case is convertible to that of the Baby M case (Hansen, 2011).The United States, unlike many other countries have no policies governing surrogacy, as it is a state-by-state policy (Hansen, 2011). In places much(prenominal) as India, commercial surrogacy is legal and often analyzen as a popular place of fruitfulness tourism because the costs are one third of that in the United States (Saxena, Mishra, & axerophthol Malik, 2012). In rough cases, children have been placed in orphanages until paternity has been established or in some instances disowned when a child is conceived indwellingly by the parents, as with Ishmael from the Bible.Women of poor and illiterate backgrounds stricken by poverty are sometimes coerced by intermediaries or spouses to become surrogates. In such cases, fidelity among the couple has been cast aside. The women may feel that they cannot trust their spouse to comport by them if they do not trace with their heedes. Unlike the United States where psychological exhibit and legal focal point is mandatory to be surrogates, in India women are placed in hostels for the duration of their maternalism by recruitment commercial agencies (Saxena, Mishra, & Malik, 2012).Back to the case of Baby M and the same sex couples, who after waiting for their buddle of joy begin having legal issues. It is of the essence(p) to agnize that the surrogate has the legal right to keep the child she has bore, regardless of genetics (Human Fertilisation & Embryology Authority, 2009). In other words, the birth beat 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 k forthwithledge and fidelity with your surrog ate. Understanding the subject matter of how the Surrogacy Arrangements Act 1985 reads is important.If you are having problems comprehending or deciphering separate of the act, speak with a lawyer. It reads, an Act to frustrate indisputable 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 leave alone have no legal father however, the surrogates conserve or civil partner is the childs legal father, unless it is shown that the partner did not consent to the procedure (Human Fertilisation & Embryology Authority, 2009).The intended parents have a course to follow concerning rights as well. If they wish to become the legal parents of the child, they can adopt or file for a paternal hostelry. Provided received conditions are met, the rights and parentage are transferred with th e order, this moldiness be done within 6 months of the childs birth and at least one individual of the mission couple call fors a genetic link for a paternal order (Human Fertilisation & Embryology Authority, 2009).If there is no genetic relationship with the child in question, adoption is the lonesome(prenominal) legal route. In this case, an adoption agency will get involved, so it is important to know the legal aspects of surrogacy. An article in the British medical checkup Journal argues that the only way to split such issues of legality is through legislations and regulations of foreign laws (Ramskold & Posner, 2012).The ethical responsibilities for atomic number 101s of surrogates can been seen as advising couples who are considering surrogacy, counseling women who may wish to become surrogates, providing obstetrics to women engaged in surrogacy, or offering assisted reproductive technologies (ART) related to surrogacy (Committee on Ethics, 2008). Physicians shou ld not embrace the intended parents of a surrogate child while also treating the surrogate mother, as conflicts may arise and not all parties may be treated moderately 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 line (Committee on Ethics, 2008). Physicians may decline to inscribe in surrogacy arrangement, as with any other treatment of a patient because of person-to-person, ethical, medical, or religious views as per the AMA Code of Medical Ethics (AMA, 2001).A physician should hold 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 assess the possible outcomes and effects, as well as evaluate psychological ris ks, vulnerabilities and benefits, and the possible effects of existing relationships with existing children (Committee on Ethics, 2008). It is important that confidentiality be maintained between the physician and the patient.The intended parents may only access the great(predicate) womans medical records if the woman has given explicit consent. This is guaranteed in the Patients Bill of Rights and the theme (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 intimate intercourse or through in-vitro fecundation.In-vitro fertilization (IVF) is a medical procedure in which mature eggs are obtained from the females ovaries and are fertilized by the males sperm, then the eggs are implanted into the uterus (Mayo Clinic Sta ff, 2013). This option is ordinarily applied due to infertility. Adoption, as an alternative to surrogacy can also be very(prenominal) beneficial to involved parties. Children without parents, due to un founted-for circumstances are provided homes with caring, agreeable 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 envisage surrogacy will continue to increase the numbers of childless couples. In such cases where altruism is applied, I think the emotional ties are easier severed because the woman is volunteering her services to a couple she sees in need. I speak of this from somewhat of a personal viewpoint. I have two healthy children and am on-goingly pregnant with my third with no complications during either pregnancy however, my sister has been trying to conceive naturally for almost 4 years now and has had no luck.I would gladly 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 essential monetary compensation for doing so. However, I will acknowledge that this is not the best highway for all women. The emotional involvement 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 inflexible 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 round 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 limited window for the intended couple who has long look a child. Legislations need to be enacted that provide more rights to intended parents of the child, especially during a gestational surrogacy. I do not think that it should be legal and decide it unethical that a surrogate still has legal rights to a child with no genetic link.I find swear in the future that supererogatory regulations in how surrogacy is handled will be sought. While surrogacy has been around since Biblical times, it has made a sputter as headline news in the last half century. The legal and ethical dilemmas surrounding the topic derive 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 wishing 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 delivery. 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 quell to have legal and ethical complications, now and in the future.