Parent Rights and Parental Control: Looking for a Surrogate

I do detect a strong parallel between paying for non-replenishable organs and poor individuals harming their bodies for the benefit of the rich. First of all, I do not believe it is acceptable to accept a payment or fee or the duty of carrying a child as a surrogate for the gestational mother. In most cases when a fee is accepted for this service, the child is by definition labeled as a product of a business transaction. Due to the fact that a fee is paid to the surrogate mother for bearing the child as well as lawfully accepting provisions such as refrainment from smoking, drinking alcoholic beverages, revoking her right to abort unless assessed by a physician as necessary for the surrogate’s health, or even taking certain medications, thus crafts the act into one requiring payment for the purchase of a baby. “Such provisions indicate that the fee is a payment for a healthy child and not for the rental of a uterus” (Baillie, Garrett, Garrett, McGeehan, Health Care Ethics: Principles and Problems, 2009, p.232). The resulting fact is that payment is rendered for a satisfactory product: a healthy baby who is raised by the surrogate in its fetal state under many stipulations and conditions. This gives way to “the fact that the presence of payment may tempt financially distressed women to agree to surrogate contracts against their best interests” (Baillie, Garrett, Garrett, McGeehan, Health Care Ethics: Principles and Problems, 2009, p.234). This directly correlates with another

The role of law reform in achieving justice for both families and members of society due to the changing ways in Australian culture. Surrogacy has become a more popular choice due to increasing numbers of Australian women wanting to put of child bearing until they are older in life which decrease their chances of being able to have children, this is due to changing cultural factors one being women wanting to stay in the work force. Reasons for surrogacy is also due to the child protection policy, which is making it more difficult/stricter for people to adopt children so surrogacy is seen as an easier option. As well as improved technology available which provides assistance for families through the surrogacy process. The legal issues within

Effective law reform such as The Surrogacy Act 2010 (NSW) has greatly improved the Government responses to issues surrounding Surrogacy. The Act allows for transferral of parentage from the biological mother to the adoptive parents. This allows non-legally binding donor agreements to be considers and accepted, achieving justice for both parties involved in the process. By adapting to social values and accepting modern family structure justice is served for society. When the Surrogacy Act was introduced in March 2011, it becomes illegal to enter a commercial surrogacy agreement oversea in NSW, QLD, ACT, with penalties of up to $100000 or 2 years imprisonment. These penalties are seen in the worse interest for the child, as the child could be without their adoptive parents or grow up in economic hardship due to the fines. Although this is effective as it prohibits commercial surrogacy, as it underlines rights and freedoms under the Convention on the Rights of the Child (CRC), this is mirrored into state legislation to protect the child involved. This is highlighted under article 35 of CRC, where states should take measures to “prevent sale or trafficking of children for any

The first argument that Anderson proposes is that commercial surrogacy turns women’s labor, that is, bearing and giving birth to the child, into alienated labor. She equates commercial surrogacy to subcontracting work in manufacturing industries, making this parallel because the surrogate is expected to treat her child like a final product with which she is expected to have no emotional bond with. Anderson argues that one can expect the surrogates to develop an emotional bond with the child regardless of the terms of the contract. Moreover, treating the pregnancy like another form of commercial production violates the “precious emotional

Similar cases occurred in the 1960’s and 1970’s which ultimately resulted in the ICWA Act. In a similar situation a young man and woman had the same problem and the pregnant mother in question pursued the father to relinquish his rights (which he did) and the mother was cared for by the adoptive parents during her pregnancy (starting by the 4th month) until childbirth when the baby was legally adopted by the adoptive parents. Similar to this case which occurred in 2011 the young man in question did not agree that his daughter would be given up for adoption but only claimed that he had agreed to give up parental rights but the relationship of blood could not be terminated nor denied. In many of these cases from the era prior to ICWA the baby was taken from the adoptive parents and returned to her “rightful home since the relationship of parent could not be

I read an article that was published on The Hasting Center Journal, called “The Case Against Surrogate Parenting”, by Herbert Krimmel, Krimmel takes a stand against surrogate motherhood arrangements because of the many ethical issues it causes, he argues surrogate motherhood, is a financial profit, there can be conflicts during the process, and is designed to separate in the mind of the surrogate mother. First, Krimmel argues that the reason a woman often or always undertakes the pregnancy is because of the money motive. He states, “The cause of this dissociation is some other benefit she will receive, most often money.' In other words, her desire to create a child is born of some motive other than the desire to be a parent. This separation

The procedures of surrogacy is a delicate and sensitive topic which raises many concerns in the public. As a result of this, Australian laws and courts of law must allow and regulate these practices to make it safe for all involved. Commercial forms of surrogacy agreements are illegal in most states, shown in Part 2, Division 2 in the Surrogacy Act 2010 NSW and Chapter 4 Part 1 in the Surrogacy Act Qld. However, in remaining jurisdictions, couples are allowed to deal in commercial agreements and therefore often turn to an overseas arrangement. It is here where Australian law becomes more obscure and less regulated. In any arrangement including altruistic surrogacy, there are no enforceable laws on the agreement, hence prompting multiple issues regarding the parentage of the child. When the child is born from the gestational carrier- the birth mother and father, according to the Status of the Children Act 1996, are the legal parents. It is when the intended parents apply for a parenting order and accepted by the birth mother that the child’s parentage is transferred- this situation is set out in the case of Re Michael

Purdy defends surrogate mothering from a consequentialist point of view. Her case is founded on two premises: firstly, that surrogacy is favourable (that is, it brings about pleasure and reduces pain), and secondly, that the practice is only non-traditional and not morally reprehensible. She thus concludes that "appealing to the sacrosanctity of traditional marriage or of blood ties to prohibit otherwise acceptable practices that would satisfy people 's desires hardly makes sense", and thus, surrogacy should be permissible (Purdy, 1999).

When one or more persons contract with a woman to gestate a child than relinquish that child after birth to the person or couple is known as surrogacy. It is a course of action that goes outside of natural reproduction. For some, it is the only method of having children, extending family. Surrogacy has been stirring up many controversies over the years. Ethics, morals, laws, religious views, etc. have played a major role in the issues that follow the topic of surrogacy. Laws and regulations pertaining to surrogacy vary from state to state. Some states have no enforceable laws

Amie Cullimore, a medical practitioner, filed a child support claim against Michael Ranson, who more than two decades ago donated his sperm to Amie Cullimore, who subsequently conceived two children. Cullimore alleges that throughout the years, Ranson has assumed the role of loco parentis, which means that Ranson has stood in the place of the parent throughout the years. Ranson filed a response that Bill 28, also known as, All Families Are Equal Act, which extinguishes Cullimore`s claim based on the assertion that the surrogate parents who lack an intention to be parents cannot be considered parents in law.

Kass, a case dealing with one party objecting the use of frozen genetic material to achieve pregnancy of another party, as an introduction for his article. Providing the facts of this controversial issue works very well in setting up the content of his article for the interest of his reader. Other cases he repeatedly refers to are the Hecht v. Superior Court, Davis v. Davis, and the Buzzanca surrogacy case. By using these court cases as examples, McKee is able to provide unbiased facts as support in the content of his article.

When looking at the dilemma that appears in the case of Mary Beth versus William and Elizabeth Stern there is a moral and legal issue that arises. The judge was very broad in his ruling and was not able to put himself into the shoes of Mary Beth. When it comes to pregnancy, there is a connection that is established during the 9 months, between mother and child that is unexplainable and a maternal relationship that should not be broken. The morally right and just ruling would have been to give the child to the intended parents but allow Mary Beth, as the surrogate, visitation rights. The contract between the Stern family and Mary Beth implied that Mary Beth was doing a duty or a job and getting paid the equivalent of her duties. It stated that Mary Beth would

The father of the foetus to be aborted has no right to be consulted or

In today’s society, surrogacy is becoming a more and more popular and common issue. For many couples who cannot or unwilling to carry babies by themselves, surrogacy is the first choice to have their own babies and build a family. The legality of surrogacy is different for every country. There are countries that consider the birth mother as the legal mother while there are those that don't. Besides, a lower price of surrogacy in developing countries drives them to find surrogate mother overseas. Thus, international

(i) Commercial surrogacy: The surrogate mother is paid over and above the necessary medical expenses according to a contract between surrogate and intended parents.