Ethical and Legal Dilemmas of Surrogacy
Ethical and Legal Dilemmas of Surrogacy
Christie Blackwell
HCA 322
Dr. Nine Bell
June 17, 2013
Ethical and Legal Dilemmas of Surrogacy Many individuals have a life plan consisting of college, marriage, and then children. After numerous methods of conception, many couples are still unable to conceive a child. A woman who enters into a contract with a couple, agreeing to carry and birth a child, then hand that child over to the contracted couple, who is often unable to conceive own their own naturally is considered surrogacy (Pozgar, 2012). Surrogacy raises many ethical and legal issues for all parties involved. Is it moral or immoral to enter into an agreement with a woman to birth a child for money? What are the legal rights of the woman conceiving or of the couple? Should the child be aware of the process in which he or she was born? Does the child have rights to access the confidential records of the process? These are a just a few questions that will be addressed throughout this paper. Discussed below is the history of surrogacy, the ethical and legal dilemmas that surround surrogacy, alternative solutions to surrogacy, and the potential effects and future implications of how surrogacy may be addressed. There are two types of surrogacy arrangements to consider. These types of surrogacy are genetic and gestational. Genetic or traditional surrogacy is where the surrogate mother contributes her genetic makeup to the offspring, whereas gestational surrogacy consists of the genetic makeup of the intended parents (Greene, 2013). Of the two, gestational surrogacy accounts for 95% of the surrogate pregnancies in the United States of America (Covington & Patrizio, 2013, p. 277). One of the first accounts of surrogacy dates back to the story of Abraham and Sarah in the Bible. Sarah, who was well beyond child-bearing years and having being barren of child-bearing years sought to have a child. Abraham had intercourse with Hagar, a handmaid and
Christie Blackwell
HCA 322
Dr. Nine Bell
June 17, 2013
Ethical and Legal Dilemmas of Surrogacy Many individuals have a life plan consisting of college, marriage, and then children. After numerous methods of conception, many couples are still unable to conceive a child. A woman who enters into a contract with a couple, agreeing to carry and birth a child, then hand that child over to the contracted couple, who is often unable to conceive own their own naturally is considered surrogacy (Pozgar, 2012). Surrogacy raises many ethical and legal issues for all parties involved. Is it moral or immoral to enter into an agreement with a woman to birth a child for money? What are the legal rights of the woman conceiving or of the couple? Should the child be aware of the process in which he or she was born? Does the child have rights to access the confidential records of the process? These are a just a few questions that will be addressed throughout this paper. Discussed below is the history of surrogacy, the ethical and legal dilemmas that surround surrogacy, alternative solutions to surrogacy, and the potential effects and future implications of how surrogacy may be addressed. There are two types of surrogacy arrangements to consider. These types of surrogacy are genetic and gestational. Genetic or traditional surrogacy is where the surrogate mother contributes her genetic makeup to the offspring, whereas gestational surrogacy consists of the genetic makeup of the intended parents (Greene, 2013). Of the two, gestational surrogacy accounts for 95% of the surrogate pregnancies in the United States of America (Covington & Patrizio, 2013, p. 277). One of the first accounts of surrogacy dates back to the story of Abraham and Sarah in the Bible. Sarah, who was well beyond child-bearing years and having being barren of child-bearing years sought to have a child. Abraham had intercourse with Hagar, a handmaid and
References: American Medical Association. (2001). Principles of medical ethics. Retrieved June 5, 2013 from http://www.ama-assn.org/ama/pub/physician-resources/medical-ethics/code-medical-ethics/principles-medical-ethics.page? Cassidy, H Committee on Ethics (2008). ACOG-Surrogate motherhood. Retrieved June 16, 2013 from http://www.acog.org/Resources%20And%20Publications/Committee%20Opinions/Committee%20on%20Ethics/Surrogate%20Motherhood.aspx Covington, S Greene, A. R. (2013). It 's not science fiction, it 's a baby: A criticism of existing surrogacy legislation (1st Draft). Retrieved June 15, 2013 from The Ohio State University, Web site: http://works.bepress.com/allison_greene/2 Hansen, M Human Fertilisation & Embryology Authority (2009). Surrogacy- Legal issues around surrogacy. Retrieved June 16, 2013 from http://www.hfea.gov.uk/1424.html Jones, T King James Bible Online (2012). Retrieved June 17, 2013 from http://www.kingjamesbibleonline.org/ Mayo Clinic Staff (2013) Mosser, K. (2010). Introduction to Ethic and Social Responsibility. Bridgepoint Education, Inc. San Diego, CA. Pozgar, G. D. (2012). Legal and Ethical Issues for Health Professionals (3rd ed.). Sudbury, MA: Jones & Bartlett Learning. ISBN: 9781449647759. Surrogacy Arrangements Act 1985 (1985). Retrieved June 16, 2013 from The National Archives, Legislation Web site: http://www.legislation.gov.uk/ukpga/1985/49