Preview

final paper legal research

Powerful Essays
Open Document
Open Document
2230 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
final paper legal research
Kathy May T. Elnas Legal Research October 27, 2014

Thesis statement:
The paternity and filiation of a child conceived and born through surrogacy under the Family Code of the Philippines.

Part of the greatest advancements in modern science is its contribution to the medical field. One particular scientific advancement in the field of medicine which has been greatly sought for in this present age is the use of surrogacy as a more modern approach to producing the gestational process. However, moral and ethical debates regarding such process has been prevalent among different groups around the world, which builds up some issues whether or not to give way and legalize the process. Some countries in Europe and the United States, and even in Asia have permitted, and legalized the method of surrogacy, though many have accepted this process in their respective medical options, the Philippines is still one of those countries which do not have laws allowing the practice of surrogacy. In the Philippine context, considering that there are no laws pertaining to the legalization of surrogacy, it is important to consider the paternity and filiation of a child conceived and born through surrogacy under the Family Code of the Philippines.
In order to better to have a better understanding on what surrogacy is, it is important to take into consideration how is it defined, and what are its types before delving further on the subject matter. As what the dictionary would commonly define it, Surrogacy would mean as substitute. A person who gestates and gives birth to a child for another person is called a surrogate mother. Part from this process is the surrogate parenting. It is an agreement wherein the surrogate has to have an agreed fee to be impregnated through a process called artificial insemination and carry the child, and after birth, the child must be surrendered to the biological father, along with the parental

You May Also Find These Documents Helpful

  • Powerful Essays

    I corrected your cover page – all I had to do was center the five lines on the cover page and delete some spacing between the lines. Citations are not correct, spacing is a problem, basic keyboarding problems with a space before a period at the end of a sentence and a space before a comma within a sentence.…

    • 814 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Legal Studies Summary Notes

    • 5906 Words
    • 24 Pages

    Representative government- means that the government must represent the views and interests of the people who voted them in. if they fail to do so then they will not be elected the next time, or could be kicked out of the parliament by the Governor General. Responsible government- the government must be answerable to the people and the parliament for its actions. If they fail to do so then they won’t be re-elected. Separation of power The power of government is divided into 3 main factions, Legislature, Executive and Judiciary. This is done so no-absolute person or body holds all the powers of the government and also so to prevent the parliament from possible abuse over power.    Legislature- is in chapter one of the commonwealth constitution, which is made up of the parliament members. They have the power to make laws. Executive- is in chapter two of the commonwealth constitution, made up of the Prime Minster and its Cabinet. They have the power to administer laws. Judiciary- is in chapter three of the commonwealth constitution, made up of the courts. They have the power to interpret and enforce laws.…

    • 5906 Words
    • 24 Pages
    Good Essays
  • Powerful Essays

    Legal Studies 3/4 Notes

    • 9289 Words
    • 38 Pages

    The Principle of Representative Government • • • • • Government for the people, by the people People elect representatives Answerable to the people for their actions Must represent the views of the majority of people Failure to represent = loss of confidence = loss of government…

    • 9289 Words
    • 38 Pages
    Powerful 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

    Dr.Martin Luther King's Jr "Letter from Birmingham Jail,(1963)" was his response to the public statement of concern and caution issued by eight religious leaders of the south. This concern addressed the controversial issues of segregation between black and white people living in Birmingham .Dr.King included numerous points with his response. One of the main points he explained was about the difference between just and unjust laws."A just law is a man-made code that squares with the moral law, or the law of God." And "Unjust law is a code that is with out of harmony with moral law (3)."…

    • 935 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Many states fail when it comes to providing policies that support the rights of English Language Learners. According to Quality Counts 2009, only New York, Florida and Arizona mandate that teachers receive training on how to work with English Language Learners. Research shows that approximately eleven states offer incent for incentives for teachers to get bilingual credentials. Certain states offer policies that try to stop the process for teachers and support staff to assist students in keeping an attachment to their native languages. In 2009, Quality Counts asserted that, seven states—Arizona, Arkansas, California, Connecticut, Massachusetts, New Hampshire, and Wisconsin, placed bans or restrictions on the use of native-language instruction with English Language Learners. Citizens in these states however are voting to bring about a change. As it was quoted by Judge William Douglass, “Under these state-imposed standards there is no equality of treatment merely by providing students with the same facilities, textbooks, teachers, and curriculum; for students who do not understand English are effectively foreclosed from any meaningful education. We know that those who do not understand English are certain to find their classroom experiences wholly incomprehensible and in no way meaningful.”(Wright 2010).…

    • 839 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    Legal Studies Report/ Essay

    • 2942 Words
    • 12 Pages

    In October 2008, 20 year old Kathleen Worrall stabbed her younger sister Susan to death. She suffered more than fifty wounds. Kathleen was initially charged with the murder of her sister, which was later changed to manslaughter for which she pleaded guilty. Kathleen had a hormonal condition, congenital adrenal hyperplasia which leads to excess production of testosterone. It had been controlled with medication, but Kathleen grew self-conscious about the side-effect of significant weight gain and did not stick to her treatment regime.…

    • 2942 Words
    • 12 Pages
    Powerful Essays
  • Satisfactory Essays

    B: The rights of the police to investigate a criminal offence must be carefully balanced against the rights of the individual. Do you think police have too much power?…

    • 361 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Legal Research

    • 1500 Words
    • 6 Pages

    1. Which statue deals with issues related to citizenship in Canada? Provide its full citation. What is the full citation for the Regulation to this statute?…

    • 1500 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Legal Research Assignment

    • 477 Words
    • 2 Pages

    2. a. What is the citation to the annotation discussing the availability of discovery in a disciplinary proceeding against a physician for professional misconduct?…

    • 477 Words
    • 2 Pages
    Good 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
  • 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
  • Powerful Essays

    The surrogate motherhood controversy has been an ongoing battle for many years with two different sides giving their viewpoints. This has created much of a battle over recent years. Surrogate motherhood controversy has stirred up many critics and authors viewpoints to justify whether surrogacy should be practiced at all and if it should be legalized. While interpreting and analyzing the debate on whether surrogacy has ethical or moral values, or if it has turned the creation of a child into a new form of commodity to individuals, especially the women who bear the child for childless couples.…

    • 3706 Words
    • 15 Pages
    Powerful 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 Surrogacy Parenthood Act 1988(QLD) was repealed in 2010 in which the Surrogacy Act (QLD) 2010 was introduced. Under this Act there are two types of Surrogacy. Alturistic and Commerical. Alturistic surrogacy which is legal, is where a woman agrees to be the surrogate mother with no intention of financial gain. A commercial surrogacy arrangement involves a person receiving a reward, payment or any material benefit for entering into the surrogacy arrangement. Thus being illegal in Australia, it does not stop people from going overseas and applying for Surrogacy. A number of reason why there have been a rise in the surrogacy services, because of the decrease in number of children available for adoption domestically. In Australia state based…

    • 129 Words
    • 1 Page
    Satisfactory Essays