Ethics and moral dilemmas related to science and technology
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In 1987, the very first surrogacy ca In re baby M1took place in the United States. As the surrogate mother turned her child over to the commissioning parents, the New Jery court stated that according to public policy, the surrogacy contract made between the surrogate mother and the commissioning parents was invalid. After that, many disputes aro such as: liability of the guardian, rights of guardianship, the bloodline of the children, the enforcement of the contracts made between the two parties, whether surrogacy affects physical and psychological health of the children etc. Surrogacy issues therefore became controversial. In Australia, each state has different legislation which all ban commercial surrogacy, but allow altruistic surrogacy. Without regard to the strict laws of surrogacy, this essay will consider both commercial and altruistic surrogacy objectively in ‘feminism perspectives’ to examine whether surrogacy should be legalized as well as the moral and ethical issues at play. Whether it can be permitted and considered acceptable as a concept and then evaluate which type of surrogacy should be the norm. Two types will be considered: commercial and altruistic surrogacy. Furthermore, bad upon the views of both sides, this essay will construct a new approach of recognized agreement of surrogacy within the community.
Feminist Perspectives
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There are many perspectives have been discusd in surrogacy, such as in market 1In re baby M (1988) NJSR
perspective, is asrt that surrogate mothers should be able to trade their fertility function freely under the economic model, whereas in the cond principle of Kantin’s ethical theory, it deems ‘reproductive gift relationships must be en in their totality, not just as helping someone have a child’2. In his view, also has the opinion of non-commercial, which it should be not be treated ‘as a mere act of altruism--any valorizing of altruistic surrogacy and reproductive gift--giving must be assd within the wider context of women’s political inequality’3, and there also more countless discussion in surrogacy. In my view, surrogacy is related directly to women, not matter that is surrogate mothers or commissioning mothers, they are all the main part in surrogacy. Therefore, the basic issue arin here as should surrogacy be exist will be discuss under the feminist perspectives.
怎样保养手部Feminist theory emphasizes on whether the women are oppresd and being commercialized, and this can also be applied as an argument against commercial or altruistic surrogacy. As Sibyl Schwarzenbach pointed out, married women before Nineteen Century in England were not allow to
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divorce or have any of private property under their names. Even if the wages were earned by them, all money legally belonged to their husband4. The women at that time were like their husbands’ slaves, as they did not own the autonomous rights to their body or behavior under male-dominated society. Although such a state of affairs has now been a meliorate to some extent in current society, due to the legal rights of not only men, but also women who 2 Janice G. Raymond, ‘Reproductive gifts and gift giving: The Altruistic Woman’ (1990) 20 The Hastings Center Report 7,11.
3 Ibid.
4 Sibyl A. Schwarzenbach, ‘Contractarians and Feminists Debate Prostitution’ (1990) 18 New York University Review of Law and Social Change 107,130.
now have the ability to earn the money by providing their own manual or mental labour as well. To e whether surrogacy involves to oppression and commercialization of women, one basic issue is whether reproduction by women is a right or an obligation. Simone de Beauvoir stated ‘the man himlf wishes to have a stable xual life, he desires posterity, and society requires him to contribute to its perpetuation’5. In this way, surrogacy exists and come into being becau of the formation of patriarchal society. A women who giving birth to the child becomes a ‘mission’ and an int
rinsic, material obligation. The surrogate mothers (in both commercial and altruistic surrogacy) have accomplished this ‘mission’ in order to help the commissioning mothers who have suffered infertility. The reproductive capability of the surrogate mothers were ud to satisfy formation of the idealized family under patriarchal society. After all, in order to e whether commercial surrogacy is fair and reasonable, a basic issue is the reasoning behind why one might decide to become a commercial surrogate mother. In certain parts of the world, some surrogate mothers who enter commercial surrogacy may be faced with the choice of being exploited in order to escape unbearable poverty. If so, this will correspond with oppression issues.
On the other hand, there are differing opinions which state that the surrogacy should be acceptable and permitted. Firstly, reproduction affects women in both their working and personal life. That is, women should own the same rights and equal opportunities as men on work and life by using any science or technology during the process of reproduction. In other words, anyone who prevents women from becoming 5 Simon de Beauvoir, ‘The cond x’ (Vintage Press, 2ed ed, 2010).
commercial surrogate mothers is depriving the surrogate mothers’ freedom of reproduction, and it might be said to ‘facilitate the enforcement of paternalistic views’6. By the same token, if people denied that reproduction is not only by natural means, but can also include control and management
by the surrogate mothers, then the surrogate mothers will get rid of ‘the cond x’7 stigma, they will no longer be considered a reproduction “tool” or “baby carrier”. Secondly, surrogacy unites the surrogate mother and commissioning mother rather than split them up. This is becau ‘...unity of motherhood deconstructed in surrogacy and the parts distributed among at least three potential mothers: genetic, gestational, and social’8. Surrogate mothers and commissioning parents not only reproduce jointly, but can also become ‘common parents’ in the best interests for the child. There are many previous cas that have succeeded worldwide on surrogacy where the surrogate mother and the commissioning parents had a harmonious relationship. Surrogacy itlf is a woman helping another woman to accomplish an impracticable thing. If the infertility of the commissioning mothers is an obstacle, commercial surrogate mothers assisting commissioning mothers to get a newborn will be one possible remedy, and commissioning mothers on the other hand, can also assisting the commercial surrogate mothers to earn their living. That is a win-win situation. In fact, under the female perspectives, women’s reproduction in commercial surrogacy can be regarded as them being parate and not men’s subsidiary, and having autonomy of their own bodies.
6Maja K. Kriksson, ‘Reproductive Freedom: In the context of international Human Rights and Humanitarian Law’ (Martinus Nijhoff Publishers Press, 1st ed, 2000).
7 Ibid 3
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8 Elly Teman, ‘Birthing a mother: the surrogate body and the pregnant lf’(California University Press, 1st ed, 2010).
Therefore, whether surrogacy is ethical and moral will depend on the which position one stands for, a commissioning mother’s or a surrogate mother’s. Arguments against surrogacy were bad on the fact that an infertility wife should not fall in with the wishes of her husband, and ek the approach of surrogacy. From the commissioning mothers’ point of view, such passiveness will correlate oppression issues. Whereas, arguments for surrogacy were bad on the fact that women should have autonomy of reproduction on their own. Regardless whether its purpo is to make money only or otherwi. From the surrogate mothers’ point of view, they should have the rights to reproduce in exchange for money.
Commercial surrogacy or altruistic surrogacy?
With the definition of two types of surrogacy, commercial surrogacy involves the payment which are over the necessary medical expens, whereas altruistic surrogacy involves no or only minimum payments for the necessary medical expens9. With the reason of ‘idealization of the traditional fa
mily structure’10that although surrogacy should not encourage but also cannot be banned effectively. Therefore, the issue is whether commercial surrogacy or altruistic surrogacy is preferable by discussion on the risks of a surrogate mother, the commissioning parents, and a child to e which type of surrogacy can reduce risks to a minimum.阿富汗玉石
9 Sharma B R, ‘Forensic considerations of surrogacy-an overview’ (2006) 13 Journal of Clinical Forensic Medicine 80,85.
10 Thomas C. Shevory, ‘Body/politics: studies in reproduction, production,and
(re)construction (Prager Publishers, 1st ed, 2000).
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