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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
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