Preview

Hca 322 Week 5 Assignment

Powerful Essays
Open Document
Open Document
2523 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Hca 322 Week 5 Assignment
A Deeper Look into Ethics and Laws Regarding Surrogacy
HCA 322: Health Care Ethics and Medical Law

A Deeper Look into Ethics and Laws Regarding Surrogacy 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 towards surrogacy, while others only permit surrogacy contracts that are uncompensated arrangements and gestational agreements (Trimarchi, 2011). Some states prohibit same sex couples from entering into any form of surrogacy contracts. In this paper, I will be address the legal and ethical issues involved and other aspects of surrogacy.
History of Surrogacy and Case Study Surrogacy was assumed to have been around since the Babylonian times. Alternatively, the most credible records to date allocate managing legal passivity and the public responses during the middle of the 20th century. Surrogacy did not become public in 1976, when Attorney Noel Keane negotiated the first ever surrogacy agreement ("History of surrogacy," 2011). Attorney Noel Keane and Dr. Ringold created the first ever fertility clinic (surrogacy clinic) in the United States. Many laws and regulations were not implemented until the case of Elizabeth Kane and the case of Baby M. Elizabeth Kane was the first woman to enter into a compensated surrogacy agreement in 1980. She was to be compensated with $10,000. She, however, was unwilling to leave the surrogacy agreement without the baby. It was the decision of the court to not grant custody of the child to


References: Hansen, M. (2011, March 01). As surrogacy becomes more popular, legal problems proliferate. Retrieved from http://www.abajournal.com/magazine/article/as_surrogacy_becomes_more_popular_legal_problems_proliferate/ History of surrogacy. (2011). Retrieved from http://www.findsurrogatemother.com/surrogacy/information/history Pozgar, G. (2012). Legal and Ethical Issues for Health Professionals (3rd ed). Jones & Bartlett Publishers. Retrieved from http://online.vitalsource.com/books/9781449685065/id/ch02lev1sec10 Surrogacy: A 21st century human rights challenge. (n.d.). Retrieved from http://www.cbc-network.org/issues/making-life/surrogacy/ The ethical issues of surrogacy. (n.d.). Retrieved from http://www.modernfamilysurrogacy.com/page/surrogacy_ethical_issues Tong, R. (2011). Surrogate parenting. Retrieved from http://www.iep.utm.edu/surr-par/#H4 Trimarchi, M. (2011). Surrogacy overview. Retrieved from http://health.howstuffworks.com/pregnancy-and-parenting/pregnancy/fertility/surrogacy3.htm van Niekerk, A., & van Zyl, L. (1995). The ethics of surrogacy: Women 's reproductive labour. Journal of Medical Ethics, 21(6), 345-345. Retrieved from http://search.proquest.com/docview/216336102?accountid=32521 What are the legal issues surrounding surrogacy?. (n.d.). Retrieved from http://www.modernfamilysurrogacy.com/page/legal_issues_surrounding_surrogacy
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Better Essays

    Paradigm of a Healing Hospital
    • 1281 Words
    • 6 Pages

    Paradigm of a Healing Hospital

    Some examples of actual and alleged unethical conduct in practicing assisted reproductive technologies (ART) have given rise public debate about these rapidly progressing technologies. In certain instances it was believed that eggs stored for posterity by patients were used to impregnate others without any explanation, permission, or the informed consent of the parties. Although this was not the first time revelation of potential deception has ever come to light in the field of ART. There have been other cases where a doctor who operated a private clinic used his own sperm for artificial insemination without the patients consent. (Riddick, 2006) The following discusses assisted reproduction, surrogate parenting, what are the implications on the definition of parenting, is surrogate parenting good or bad, as well as if surrogate parenting a way to exploit the poor.…

    • 1281 Words
    • 6 Pages
    Better Essays
    Read More
  • Good Essays

    Cafs
    • 728 Words
    • 3 Pages

    Cafs

    Surrogacy arrangements involve not only the commissioning couple and the surrogate mother, but the resulting child as well. Accordingly, it is argued that the society has a right to prohibit surrogacy in order to prevent children being born in undesirable circumstances. It is further argued that such arrangements are in reality contracts for the purchase of a child, which are quite unacceptable.…

    • 728 Words
    • 3 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Womb renting in India
    • 318 Words
    • 2 Pages

    Womb renting in India

    In contrast to the matter above, the surrogacy of the womb rent in India is heavily questioned for at least 78% of the Americans interviewed; because of the think that they are exploiting India as the only outsourcing place where the surrogacy is possible. What is more, four of ten interviewed thinks that the surrogate mother services are exploited by the agents who earn a considerable amount for his mediation and another huge amount for his great service ( from the childless couple). It is also well known for the general public that the surrogate mother is paid less than it would be paid if this situation were happening in America.…

    • 318 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Better Essays

    COMMERCIAL SURROGACY SHOULD BE ILLEGAL
    • 1176 Words
    • 3 Pages

    COMMERCIAL SURROGACY SHOULD BE ILLEGAL

    Commercial surrogacy refers to a process in which a couple or individual pays a fee to a woman, a surrogate mother, who agrees to carry and give birth to a baby on their behalf. It is an option for couples and individuals who wish to have a child, but due to circumstances, cannot have one. Surrogacy may be commercial, where the surrogate mother is paid for her services; or altruistic, where there is no payment and usually the surrogate mother is related with the commissioning couple or individual. Commercial surrogacy must be brought to an end and made illegal worldwide! Why you ask? Firstly, do those who support commercial surrogacy really take into account how dangerous it can be for the baby? Or the possible issues that may occur if something goes wrong? No, they definitely don’t! Surely if they did they wouldn’t pay a surrogate mother to do so! In addition to that, the surrogate mother are usually women who choose to be a surrogate mother living in harsh conditions within developing countries, where I will specifically be talking about women in India who are being exploited due to their unfortunate lifestyles. Finally to drive the point home, I will highlight the gruelling reality of commercial surrogacy caused by corrupt organisations that control poor women going through all the hardship in developing countries.…

    • 1176 Words
    • 3 Pages
    Better Essays
    Read More
  • Good Essays

    Is surrogate mothering moral?
    • 490 Words
    • 2 Pages

    Is surrogate mothering moral?

    Traditional surrogacy is the most wide-spread form of the surrogacy as it is the effective one. However, the emotional issues involved in it are rather strong. No doubt, it is not easy for a woman who has had her baby under her heart for 9 months to give it away to the intended parents. Therefore, this can be the reason for not parting with the child. Then the conflicts between the surrogate mother and the couple may arise. Here stands the question of morality on both sides. Is it moral to give away your own child or to deprive him or her of the right to have the real, biological mother? Of course, the questions should be considered seriously before planning surrogacy.…

    • 490 Words
    • 2 Pages
    Good Essays
    Read More
  • Powerful Essays

    International Commercial Surrogacy: A Feminist Approach
    • 3339 Words
    • 14 Pages

    International Commercial Surrogacy: A Feminist Approach

    As previously noted, in India, the women who undertake surrogacy come from impoverished backgrounds and use it as a means to alleviate their circumstances. A lot of them do not have a proper education and so, neither ask about nor are told the full implications of their choices. This also makes it rather easy to underpay them for their services and given the lack of legal enforceability of the contracts, they have little recourse to attain their rights. Moreover, because clinics are largely self-regulated, women are not guaranteed proper healthcare during and after the pregnancy, especially if there are any health…

    • 3339 Words
    • 14 Pages
    Powerful Essays
    Read More
  • Good Essays

    Surrogate Motherhood
    • 940 Words
    • 4 Pages

    Surrogate Motherhood

    Surrogacy has added a great deal of confusion to the already complicated problem of determining who the “real” parents of a child are that began with adoption and egg and sperm donations. It is no longer as simple as who is genetically related to the child or who gives birth to the child, but rather is greatly determined by circumstance. Genetically a child may have only two parents however the child can have in essence three mothers, or two fathers: a genetic mother or father who donated the egg or sperm, a surrogate mother who carried and developed the child, and a mother or father who raises the child. Surrogate motherhood often requires legal involvement because of the complexity of the question of who the “real” parents are. Before being…

    • 940 Words
    • 4 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Surrogacy in India
    • 435 Words
    • 2 Pages

    Surrogacy in India

    Why is this industry advancing so fast in India? First of all, commercial surrogacy is legal in India, while it is still banned in many other countries. With the business growing so fast, the government is drafting laws to make sure surrogacy is not being privatized. The government is setting the age limit of the surrogate mother to 35 and can only have the maximum of 5 pregnancies, including their own children.…

    • 435 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Better Essays

    Surrogate Motherhood: Alternative or Dilemma?
    • 1725 Words
    • 7 Pages

    Surrogate Motherhood: Alternative or Dilemma?

    Surrogate motherhood is defined as a method of assisted reproduction where a woman agrees to become pregnant and give birth to a child who belongs to another couple. The most common method to perform this procedure is to transfer an embryo that has been fertilized by in vitro fertilization and is later introduced into the surrogate mother’s womb. (Aramesh, 2009). Many couples prefer this alternative instead of adoption since surrogacy offers the parents a possible way to have a genetic link to the child, even if he or she was not raised in his or real mother’s womb. Also, parents who choose surrogacy are able to be present in the whole gestational process of the surrogate mother (Tieu, 2008). Choosing surrogacy can be a viable alternative for couples but they should also consider the ethical and emotional dilemmas that this alternative involves. Such dilemmas include the risks and effects involved in gestational surrogacy for mother and baby, the…

    • 1725 Words
    • 7 Pages
    Better Essays
    Read More
  • Powerful Essays

    Should Surrogate Mothers Be Legalized in Taiwan?
    • 2705 Words
    • 11 Pages

    Should Surrogate Mothers Be Legalized in Taiwan?

    Surrogate mothers has been a critical issue in many countries for a long time. Recently, Taiwan has an issue on its legalization. There is already a draft passed in the Legislative Yuan. However, many people still debate about should surrogate mothers be legalized in Taiwan? From different aspects, including moral, law, homosexuals, and so on, I will discuss about whether it should legalize in Taiwan. Surrogacy does cause several problems, whether its legalization is beneficial to our society? If there seems to have many difficulties in executing the surrogacy, should we give up and prohibit it? The paper will tell you.…

    • 2705 Words
    • 11 Pages
    Powerful Essays
    Read More
  • Good Essays

    Surrogacy
    • 1268 Words
    • 6 Pages

    Surrogacy

    With commercial surrogacy not being a topic talked about much in the United States but is in other countries such as India. Many people think that commercial surrogacy is demeaning to women. Nancy says, “To respect a person is to treat her in accordance with principles she rationally accepts—principles consistent with protection of her autonomy interests” (149). In other words we should respect women who make the rational decision in their own lives to become a surrogate mother. She goes on to say “To treat a person with consideration is to respond with sensitivity to her and to her emotional relations with others, refraining from manipulating or denigrating these for one`s own person” (149 & 150). We should respect the emotions that come with surrogacy and not manipulate anyone in to becoming one if they don’t rationally chose it for themselves or pay them less because of where they come from. Women aren’t allowed to have any say in the whole birthing plan along with not being able to have a mother-child relationship. Debra Satz disagrees with the idea that connecting female reproduction and profit, alienates women from beauty and power of pregnancy. Commercial surrogacy is a demeaning to women, if there isn’t a change on what happens during the pregnancy, such as whether or not the surrogate mother has an option on how she gives birth, the prenatal vitamins she takes, or even the food she consumes while pregnant, fewer women will become less willing to become a surrogate.…

    • 1268 Words
    • 6 Pages
    Good Essays
    Read More
  • Powerful Essays

    Family and Surrogacy Essay Example
    • 2715 Words
    • 11 Pages

    Family and Surrogacy Essay Example

    In Queensland, surrogacy should only be permitted to married couples or de-facto couples, including same-sex couples. There are two types of surrogacy, altruistic and commercial surrogacy. Altruistic Surrogacy is where an ‘arrangement between a woman and a couple or individual to carry and deliver a baby for no financial benefit (Wise Geek, 2003). The second type is commercial surrogacy where there is financial benefit for carrying the child. This is a controversial topic throughout Queensland as it involves the bearing of a child. Also, the controversy with surrogacy is the two types of surrogacy that are available, although altruistic surrogacy is the only surrogacy currently legal within Queensland. But other countries do allow for commercial surrogacy to be legal. Each section throughout this report will discuss different topics about surrogacy, the first section will discuss the current law in Queensland and if the same law applies throughout Australia. The next section will talk about how effective the current law is or not and why this is. Also, this section will discuss the pros and cons of surrogacy within the current law. The next section will discuss whether changes to the current law need to be made. The last section in this report will discuss the relevance of the law and the overall effectiveness of the law present.…

    • 2715 Words
    • 11 Pages
    Powerful Essays
    Read More
  • Powerful Essays

    Surrogacy
    • 1611 Words
    • 7 Pages

    Surrogacy

    The intended parent or parents, sometimes called the social parents, may arrange a surrogate pregnancy because of female infertility, other medical issues which make pregnancy or delivery impossible, risky or otherwise undesirable, or because the intended parent or parents are male. The sperm or eggs may be provided by the 'commissioning' parents, but donor sperm, eggs and embryos may also be used. Although the idea of vanity surrogacy is a common trope in popular culture and anti-surrogacy arguments,there is little or no data showing that women choose surrogacy for reasons of aesthetics or convenience.…

    • 1611 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Good Essays

    Surrogacy
    • 1010 Words
    • 5 Pages

    Surrogacy

    Surrogacy is the arrangement between a women and a couple or individual to carry and deliver a baby.1 The process of surrogacy is expensive, time consuming and also emotional. Couples main purpose to choosing a surrogate is because they are unable to conceive due to an abnormal uterus, have had unsuccessful in vitro fertilization attempts, or have experienced pregnancy loss.2 The surrogate mother can also be known as the gestational carrier. Many couples turn to a surrogate because of the advantages. The surrogate mother, is receiving both the women’s egg and man’s sperm so it is biologically theirs. 3Surrogacy is not legal in all states due to many controversies. There are two different arrangements for surrogacy. A surrogate can be made through an agency and other times contracted privately and can also be made between complete strangers or between people who meet occasionally through the process. There are many problems associated with choosing a surrogate, it is controversial this is valid argument.…

    • 1010 Words
    • 5 Pages
    Good Essays
    Read More
  • Better Essays

    The Physiological Implications
    • 802 Words
    • 3 Pages

    The Physiological Implications

    Other concerns relating to surrogacy include the impact on the surrogate mother's partner, her parents or any existing children, and its destabilizing effects on her family integrity.…

    • 802 Words
    • 3 Pages
    Better Essays
    Read More

Related Topics