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.
involvement and complexity of the case. This question raises a lot of disputes in the society. The kind of attitude accepted now stays that the payment is made not for some final result, such as live and healthy baby, but for the time and effort connected with pregnancy input by the surrogate mother.
Surrogate agreements can be divided into commercial and non-commercial. In the last case the surrogate mother takes no money for bearing a baby. Such cases mostly occur among friends or relatives. Usually non-commercial agreements are not made in the written form, as they actually assume no payment conditions.
When it comes to commercial agreements, the contracts are more common. “The contract is valuable not just as a legal document (especially since in the event of a dispute, family law would supercede
contract law, meaning, basically, the contract isn’t legally binding in most states), but as a way of getting everything that needs to be discussed out on the table.” (Mady) The contract usually sings up the intentions of both parties to produce a child for the intended parents and free will of both parties in taking this decision. This contract will be important evidence if the surrogacy results a custody battle. The sum of compensation is also mentioned in the contract. Any additional points may be included to the contract by the will of one of the sides. “It is estimated that in the United States, the payment for a surrogate mother ranges between US$10,000 and $20,000, the whole procedure can cost $45,000 to $60,000.” (Powers) Gestational surrogacy usually costs more as the medical services demand additional expenditures. There is such a phenomenon as “fertility tourism”. This name is applied to the situation when infertile couple goes abroad for surrogacy. The payment is cheaper in this case and intended parents can feel more protected from the intrusion of the surrogate mother to their life after the baby is given to the intended family.
Conclusion
Surrogacy is a complicated and controversial issue. There are a lot of opponents of such a method of childbearing. They state that bargaining over the child is immoral. They also state that surrogacy can become a hard trauma for a surrogate, a child and even an intended couple. 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. The government and social organizations should pay special attention to the problem of the surrogacy as it touches complicated legal and moral issues. The improvements in the legislation and addition attention of social organizations can make the surrogacy more legitimate and less painful for all the parties.
Sources
1. Wallace, M. “Surrogacy”, Discussion Paper, Attorney General’s Department, ACT Government, Canberra, 1993.
2. Rebecca Powers, Sheila Gruber Belloli, “The Baby Business: Surrogacy’s Big Daddy,” The Detroit News, September 19, 1989.
3. Robertson JA. Surrogate mothers: not so novel after all. Hastings Cent Rep. 1983 Oct;13(5):28–34
4. Krimmel HT. The case against surrogate parenting. Hastings Cent Rep. 1983 Oct;13(5):35–39.
5. FLA. STAT. §§ 742.11-15 (2002)
6. Brophy KM. A surrogate mother contract to bear a child. J Fam Law. 1982;20(2):263–291.
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