Case Scenario: Mrs. Jones vs Mr. & Mrs. Smith
Step 1
Questions
What is/are the ethical question(s)?
Who is entitled to have custody of the Baby that was born May5?
Step 2
Known
To Be Gathered
What are the facts?
A baby was born May 5 and a couple Mr & Mrs. Smith and Mrs. Jones.
Mrs. Jones agrees to be surrogate mother.
Mrs. Jones provided the egg
Mrs. Jones was inseminated with Mr. Smith’s sperm
Mrs. Jones was suicidal
Mrs. Jones left the state with the baby
Step 3
Stakeholder
Obligation / Interest
What are the values at stake in this scenario?
Mrs. Jones
The obligation of being a surrogate and full filing the contract
Mr. & Mrs. Smith
Interest in the Custody of the child
Mrs. Jones, Mr. Smith & Mrs. Smith
The wellbeing of the child
Step 4
Options
What are the options for the case?
To give custody to Mrs. Jones
To give custody to Mr. & Mrs. Smith
To give joint custody to both Mrs. Jones & the Smiths
Step 5
Core Values
Decision
What should I do?
I would give Custody of the child to Mr. & Mrs. Smith, and supervised visitation rights to Mrs. Jones
Step 6
Reasons to Support, Based on Values
Not Justified
What justifies my choice?
Mrs. Jones threated to commit suicide
Mrs. Jones also kidnapped the child and kept the child in her custody for two month
Mrs. Jones’ egg was used to produce the child
Mrs. Jones is not mentally stable
Step 7
Prevention Options
How could this ethical problem have been prevented?
The Smith could have used an egg from a different donor, and used Mrs. Smith as a surrogate, a gestational surrogate.
Adoption would be another alternative