Surrogacy as a Complicated Social Phenomenon [2]
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论文字数:4742论文编号:org201405101710529803语种:英语 English地区:中国价格:免费论文
关键词:SurrogacyComplicatedSocial Phenomenon语言社会学
摘要:Advocates of the surrogacy insist on the right of the married couple to have a genetically linked baby if there are appropriate conditions to accomplish that. Both opinions have strong arguments and deserve to be heard. Surrogacy legislation differs in different parts of the USA.
pensations for that and there is not need to restrict this voluntary act of the free will. Advocates of the surrogacy believe that it can be beneficial for the both parties if all conditions and details are discussed.
Both sides, opponent and proponents of the surrogacy, are also preoccupied with the interest of the child, who is born by the surrogate. The opponents of the surrogacy state that children born in such a way are put in more danger to grow up in the family with complicated relationship. Surrogacy is a very complicated issue and it’s hard to predict the reaction of both sides – the surrogate mother and the intended family. The first danger is that the surrogate mother changes her mind and starts treating the baby like her own and doesn’t want to give it to anybody. The parents may feel the same as they are genetically connected with the baby. It’s not the only danger of the surrogacy. “Many commentators have likened the experience of children and birth mothers in surrogacy arrangements to children and relinquishing mothers in adoption, and point to the potential psychological and social harm that may result. “ (Wallace, 79) The situation may turn completely vice versa and intended parents may not love the baby they get from the surrogate mother as their own. The rejection of an infant by the both sides can also become a serious problem in the case when disabled infants are born.
Surrogacy and Legal and Ethical Issues
Those, who stand against surrogacy are concerned with many issues. First of all they are concerned with the ethical side of the problem. In the most of the cases surrogate mothers are paid for their services. Both sides sign up a contract or an agreement, where they discuss the details of the deal. Opponents of the surrogacy use sharp words and stay that rich parents buy babies for themselves. They also stay that it’s immortal to pay money for having a baby as in all civilized countries selling babies same as adults is prohibited. “It is surely harmful to any child to be the object of a custody dispute.” (Robertson) They also stress on the moral act of a woman, who is ready to “sell” her baby even if the baby isn’t hers genetically.
Along with ethical issues legal issues also make a serious problem when it comes to surrogacy. In different states there are different laws concerning surrogacy, if any. In some states the government prohibits surrogacy contracts and gives them no judicial value while in other states surrogacy is legalized.
Florida law allows both traditional and gestational surrogacy to married heterosexual couples. It also allows contracts for donor of egg, Sperm and pre-embryos. Unmarried and same sex couples are not allowed to make any surrogacy arrangements. There are also age limitations. For example, gestational surrogacy is allowed to “couple[s that] are legally married and are both 18 years of age or older.” (FLA STAT) In addition, there must be a medical confirmation that “within reasonable medical certainty”: the commissioning mother cannot physically gestate a pregnancy to term; the gestation will cause a great risk to the physical health of the commissioning mother; the gestation will cause a risk to the health of the fetus.” (FLA STAT) Surrogacy legislation in Florida is based on the adoption laws used before.
Surrogacy Compensations and Contracts
Compensation for the surrogates is a widespread policy. The payment may depend on the time of
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