Paper Summary:

This paper mainly discusses in- vitro fertilization and surrogate pregnancies that are contracted, in which case the surrogate mother is usually a contracted person, with no link to the donors. In the case of contracted surrogate pregnancies, there is no way to judge the health of the surrogate mother and no regulation to see that the medical fraternity does not use the persons who are infected by diseases that could be passed to the infant. This paper affirms that laws must therefore be passed in such a manner that voluntary surrogate mothers are screened, identified and certified in such a manner that the resultant infant is not traumatized by diseases. The donors must be similarly screened. Furthermore, this paper looks at the idea of commercialization, within surrogate pregnancies. Namely it discusses the free market and the prostitution model. While some surrogate mothers do agree for altruistic reasons, where there is a demand, there will be a commercial supply. Since such children are at risk of being abandoned and neglected by the surrogate mother as well as by the donors, it is considered to be the duty of the state to enact laws to make sure that the donors, the surrogate mother and the genetic material are all fine to prevent deformities. In cases where such deformities do occur, the law must make the donor parents responsible for the child. Also, this paper asserts that there must also be a prohibition of payment for surrogate motherhood.

Outline:
Introduction
The Definition of Surrogate Motherhood
Adoption, Surrogate Motherhood - The Contrasts and Commonalities
The Arguments Favoring Regulation and Ban
The Arguments Against the Ban
Legal Problems
The Legal Controls Ought to be Set
Current Global Situation
Conclusion

From the Paper:

"It is well if the resultant child is perfect what is the case if the child is born with deformities? What if it is liability? The management and care of such babies have legal moral and ethical implications. What is the relationship between the woman and the child in such cases at childbirth? For example the simple case of a low weight baby and in the case of mentally and physically challenged babies born to surrogate mothers, what will be the position and who shoulders the painful task? In the United States the Federal Government intervenes. In the UK the problem is ignored or the issue is glossed over. (Lee; Morgan, 1990) Judges have been sentencing mothers for not caring for the children in the womb. There have been cases of sentences handed down to mothers who consumed drugs and passed it on to the baby in the womb. Fetal neglect is now culpable. This shows that the state is concerned more and more with the unborn child and its welfare. The issue of in vitro fertilization and the knowledge of in genital illnesses are changing the perceptions of the society and the prevailing values are being modified. (Blank, 1992)
"The commoditization of sexuality has brought in the prospect of baby selling and prostitution. Poor women and even affluent ones are not above selling babies in the black market. The baby for sale has all its features added up to its price. The better suited ones getting the better price. The participants tend to market the baby in the fashion of a commodity and that is where the question of the babies with deformities and their fate steps in. There is likely to be more feticide and infanticide. The issue of 'Baby selling' drags down humanity considerations. (Warren, 1991) Originally surrogate mother hood was not a baby selling proposition. Yet today it has assumed the features of baby selling. Just as prohibition of payment exists for adoption, there must also be a prohibition of payment for surrogate motherhood. The courts sometimes have applied the baby sale acts to bar surrogate motherhood."

Sample of Sources Used:

• Aigen, Betsy P. (1996) "Motivations of Surrogate Mothers: Parenthood, Altruism and Self-Actualization" Retrieved 1 March, 2008 from http://www.surrogacy.com/psychres/article/motivat.html
• Blank, Robert H. (1992) "Mother and Fetus: Changing Notions of Maternal Responsibility." Greenwood Press. New York.
• Cook, Rachel; Sclater, Shelley Day; Kaganas, Felicity. (2003) "Surrogate Motherhood: International Perspectives" Hart Publishing.
• Karkal, Malini. (1997, Oct-Dec) "Surrogacy from a feminist perspective" Indian Journal of Medical Ethics, vol. 5, no. 4, pp: 12-14.
• Lee, Robert; Morgan, Derek. (1990) "Birthrights: Law and Ethics at the Beginnings of Life" Routledge.

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