Preview

Why Should the 14th Amendment of the US Constitution Be Modified to Prevent Jus Soli Citizenship to Gestational Surrogacy Children?

Powerful Essays
Open Document
Open Document
1402 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Why Should the 14th Amendment of the US Constitution Be Modified to Prevent Jus Soli Citizenship to Gestational Surrogacy Children?
Essay Summary
Surrogate mothers play a crucial role in providing children for couples who are unable to bear children. Sperms and eggs from the client couple are fertilized using IVF technology to produce an embryo. This embryo is then implanted into the surrogate mother’s womb to develop until the pregnancy is ready. Upon birth, the child will have the genetic makeup of the parents but bear some physical features of the surrogate mother.
This factor has contributed to the Chinese preference for American surrogates since their children will be born with specific Caucasian features. This kind of selective breeding is akin to the eugenics, since client couples reject fetuses that have certain defects. Another advantage of American surrogates is that children born in the US automatically become American citizens. Wealthy Chinese couples seek out surrogate services in a bid to give their children a head start in life because of the various advantages open to US citizens.
They also hope that they will get a green card after the child turns 18, and is eligible to apply for their parents to become citizens. With the one- child policy limiting their family size, surrogacy provides them with an avenue to have more children. Debate is raging as to whether or not the 14th Amendment should be changed to restrict those who exploit loopholes in system to acquire citizenship.
Those who support legislation argue that illegal immigrants are taking advantage of the system; while, opponents feel amendments will alter the true intentions of the founding fathers. Rather than introduce legislation, some people suggest surrogacy should be regulated to ensure that only those with genuine reasons benefit.

Question – Why should the Fourteenth Amendment of the Constitution of the United States be modified to prevent gestational surrogacy children jus soli citizenship?
Running Head: Gestational Surrogacy
Surrogacy has provided avenue for couples without children to have



References: Black, E. (2012) War against the Weak: Eugenics and America 's Campaign to Create a Master Race, Dialog Press Daily Mail Reporter. (November 29, 2013) Wealthy Chinese couples paying $120,000 for American surrogates to increase their children 's chances of getting into an Ivy League school. Daily Mail. Retrieved from http://www.dailymail.co.uk/news/article-2515712/Wealthy-Chinese-couples-paying-120-000-American-surrogates-increase-childrens-chances-getting-Ivy-League-school.html Greenhalgh, S. (2008) Just One Child: Science and Policy in Deng 's China. California: University of California Press Grier, P. (August 10, 2010). 14th Amendment: why birthright citizenship change 'can 't be done '. Christian Science Monitor, Retrieved from http://www.csmonitor.com/USA/Politics/2010/0810/14th-Amendment-why-birthright-citizenship-change-can-t-be-done Levine, H. B. (Summer, 2003). Gestational Surrogacy: Nature and Culture in Kinship. Ethnology, Vol. 42, No. 3, Mancini, J. & Finlay, G (September 2008). " 'Citizenship Matters ': Lessons from the Irish citizenship referendum". American Quarterly (American Quarterly) 60 (3): 575–599. doi: 10.1353/aq.0.0034. Parker, K. (May 25, 2013). Surrogacy exposed. Washington Post. Retrieved from http://www.washingtonpost.com/opinions/kathleen-parker-the-exploitation-of-surrogate-mothers/2013/05/24/90bc159e-c4b0-11e2-8c3b-0b5e9247e8ca_print.html Roth, C. & Levy, D. (2008). U.S. Citizenship and Naturalization Handbook, Clark Boardman Callaghan Sperling-Newton, J. (May 30, 2013). Surrogacy should be regulated, not banned. Washington Post. Retrieved from http://www.washingtonpost.com/opinions/surrogacy-should-be-regulated-not-banned/2013/05/29/2198c134-c7db-11e2-9cd9-3b Tucker, I. (2013). The Moment of Racial Sight: A History. University Of Chicago Press

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The 14th Amendment states that people who are born in the U.S. are automatically citizens. Because of this, immagrants from all over are coming over to the U.S. and are having children in order for them to stay in the U.S. I agree with this amendment, however others may disagree. Others may believe that in order for your child to become a citizen, the parents themselves must be citizens.…

    • 351 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Surrogate parenting is a process where an arrangement is made and an individual who is not a parent is given the parental rights, duties and the responsibility of parenthood either it is court pointed or voluntary. Another example on the more scientific level, an infertile couple can pay another woman who agrees to carry the baby for the infertile woman (couple) through artificial insemination. (Medical Encyclopedia, 2013). The ethical dilemmas surrounding parenting involves several parties, the surrogate, the intending family as well as the child. Some of the dilemmas from the surrogate are is she going to be able to let the child go once it is delivered, after taking the pain of carrying and delivering the child not to mention the stress that comes with it. The dilemmas on the intending family can be questions as, is the surrogate able to carry the child to full term, is she going to change her mind by trying to keep the child, is the child truly theirs since another person carried it, are they going to disclose this information to the child one day?…

    • 1281 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Recent evidence by Stanford University has shown that a surrogate’s womb may act as more than just a home for a fetus, in fact, the womb may effects how a child’s genes will be programmed (Moss and Baden). If this study is correct it would suggest that surrogacy may be more than just a service. Additionally, this evidence would change the role of a surrogate to lean farther away from a service provider, and closer to selling a child with whom a surrogate has genetic ties too. Studies like these have amplified anti-surrogacy arguments like those of Barba Rothman. In her article, “On Surrogacy” Rothman rejects the idea that, “a woman can be pregnant with someone else’s baby… it reduces a woman to a container.” Furthermore, Rothman insists that surrogacy is baby-selling.…

    • 1113 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Phil 235 Term Paper

    • 1320 Words
    • 4 Pages

    The right to parenthood can be a very delicate matter. Many people have different views when it…

    • 1320 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    The 14th Amendment

    • 1800 Words
    • 5 Pages

    The Fourteenth Amendment was a direct outgrowth of the national debate over slavery1, and the subsequent emancipation of the slaves during the Civil War. In the aftermath of that war, Congress confronted a number of thorny issues: what would be done about the rebel leaders? Would the defeated states contribute to paying off the Union’s debts? Would slave owners be compensated for the loss of their property? What measures would be required of the defeated states as a condition of their full re-admittance to the Union? Two cases that took place before the creation of the Fourteenth Amendment are particularly important, considering that in a way or another they would help shape this Amendment: Barron vs. Baltimore and Dred Scott vs. Sanford.…

    • 1800 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Cafs

    • 728 Words
    • 3 Pages

    Surrogate motherhood raises difficult ethical, philosophical and social issues. There is debate in the community as to the wisdom of surrogacy arrangements. There is scope for disagreement as to the morality of aspects of such reviews the arrangements. This Chapter reviews the arguments for and against surrogacy, including the moral bases for making judgements about surrogacy. In raising these issues the Commission is seeking guidance on community attitudes to assist in formulating principles on can he made.…

    • 728 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Surrogacy is something African American women have known about for a long time. During slavery black women were possessed as property by white male owners. These white male owners could do whatever they pleased to their “property.” Often these pleasures were sexual, and black women could do nothing to stop it. They gave their bodies up to rape, and the only way they got through these times was with their faith in God. This is why the church can be described as a two edged sword. One…

    • 619 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Essay On Infertility

    • 378 Words
    • 2 Pages

    There are few cases where the conventional options cannot be used for having a baby. In such cases, couples can solicit the assistance of a third party to provide sperm, egg or carry a child for them. This is termed as ‘surrogacy.’ Women without uterus or with uterine diseases or with hysterectomy done can choose surrogacy for having a…

    • 378 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    The United States Constitution must be upheld. The 14th Amendment reassures the people that every person born in the United States is a legal citizen. The immigration…

    • 373 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Surrogacy is not a new concept, but rather it is believed to be the oldest alternative to a male and female partner conceiving a child by sexual intercourse (Fisher, 2013). There are two types of surrogacy which are traditional surrogacy and gestational surrogacy. A traditional surrogate is inseminated with the sperm of the intended father or with donor sperm through in vitro fertilization or IVF, and the surrogate uses her own egg and the surrogate is genetically related to the child. A gestational surrogate has an embryo placed into her uterus, also through IVF, but the surrogate’s egg is not…

    • 1518 Words
    • 7 Pages
    Good Essays
  • Good Essays

    The United States has prided itself on making “life, liberty and the pursuit of happiness” stated in its Declaration of Independence as accessible for its citizens as possible. Recently, the country has tried both politically and socially to reduce the exclusion and discrimination of any and all groups of people from society as evidenced by topics such as gay marriage, equal pay for women and the frequently debated topic concerning the constitutionality of abortion. The Fourteenth Amendment of the Constitution states, “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States” (US Const. Amend. XIV). Many pro-choice arguments defend that the choice of abortion is a right of women…

    • 251 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Each year in America 4 million babies are born, and weather their parents are illegal immigrants or have visiting visas their newborns are…

    • 660 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The current developments in the medical technology combined with the declining influence of religious morality in the community have made the church encounter different issues associating to life and death, which were additionally nonexistent in the past or were of comparatively associated with varying happenings, in our traditions. It is vital to handle these matters, and provide some outline in relation with the laws of the scriptures. It is not our concern to address these matters profoundly, but to offer sufficient foundation for the ethical decision-making. It has been defined that about 10-15 percent of married couples in the world are infertile, an extra 10 percent have few children than they expected. Childlessness is a burden to most people and couples currently. Nothing could be done to correct or cure infertility in the past, but in the modern days, there are even more other alternatives than needed because of the advances in medical technology. However, there are moral and ethical repercussions embedded in these processes, which makes these practices undesirable.…

    • 1653 Words
    • 7 Pages
    Better Essays
  • Better Essays

    If the same person who donated eggs carries the baby, she is called your surrogate. If you use your own eggs or embryo, then the woman who bears the child is called a gestational carrier. Surrogacy is one of the most expensive ART procedures. Generally, assisted reproductive technologies can range from several thousand dollars to tens of thousands of dollars for a gestational carrier using your frozen embryos. Before you get too deep into your decision-making about how far you'd go to have a baby, it would be best to check with your insurance carrier about how much of the cost of these methods is covered. There are several legal and ethical issues that surround surrogacy, some are, in a surrogate situation, the gestational mother is the woman who carries the baby to term. This can be a very taxing process both physically and emotionally and unique in that after the surrogate mother physically carries the baby throughout the pregnancy, she needs to physically and emotionally detach herself from the child once it is born. Because the gestational mother will not likely be the child's primary caretaker, there could be legal questions that arise in terms of what – if any – involvement she will have with the child once born. There are also ethical considerations that are brought to mind in terms of informing the child of his or her surrogate mother, as doing so may have an effect on the child's self-identity. In addition, there is also the factor of surrogate mother compensation. It is typically expected that the intended parents of the child will reimburse the surrogate mother for her medical and other related expenses. This can include a dollar amount for her hospitalization as well as incidentals such as her maternity clothing, meals, and other similar costs that she may be out during her…

    • 1252 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Why is it that you need a license to drive a car, practice law, or even fish, but anyone with a healthy reproductive system can bring a child into this world? Parenting is a serious undertaking and anyone who has done raised a child can tell you that it's not an easy task. Parents should be required to pass a minimum competency test and obtain a license before bringing a child into this world. On average there are 3 to 4 million babies born each year in the US. In 2014 264,746 children entered into foster care and only 50,644 children were successfully adopted into a new family.…

    • 1283 Words
    • 6 Pages
    Good Essays