...ELC 093 : TERM PAPER “SURROGACY SHOULD BE PROHIBITED WORLDWIDE” MAIZATUL AQIDAH BINTI SABARUDDIN (2015838224) SITI NAJIHAH BINTI MOHAMED HUZAINI (2015858408) LECTURER’S NAME : SIR AHMAD KHAIRULHAZIQ SURROGACY SHOULD BE PROHIBITED WORLDWIDE According to Surrogacy Arrangements Act 1985 Chapter 49, the “surrogate mother” which means a woman who carries a child in pursuance of an agreement can either contribute her genetic material as well as her womb, her uterus, or she can contribute her uterus . There are two main types of surrogacy , gestational surrogacy and traditional surrogacy . Additionally, if the surrogate mother receives compensation beyond the reimbursement of medical and other reasonable expenses, the arrangement is called commercial surrogacy. There are three parties who use surrogacy, mothers who have other issues with their bodies that inhibit infertility, homosexuals and parents who are infertile . Surrogate parenting is highly controversial by its very nature. Nevertheless, surrogate parenting is attracting wide spread attention as a viable alternative for infertile couples intent on having a child. Thus, surrogacy should be prohibited worldwide to prevent from exploitation of women, a form of child trafficking, violates the relationships between families and surrogates face difficult emotional and psychological issues . However, there are cases that support surrogacy. Sam Everingham is the founder of Surrogacy Australia and has children...
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...Modern Assisted Reproductive Techniques Recently, the amount of people who are unable to conceive naturally have begun to increase. Therefore these couples have begun to look for other methods so that they can become parents. A lot of these procedures that can increase the chances of a couple becoming pregnant are subsets of a very common procedure known as in vitro fertilization (IVF). Most alternative treatments that are used as means to conceive are related to IVF or use in vitro fertilization as a part of their own treatments. Over the last century, the ways that people are able to conceive have changed drastically from just naturally conceiving. While there are multiple new methods of conceiving with medical assistance, there are many people who believe that using these unnatural means to get pregnant are morally wrong or that they are unsafe and damaging to everyone involved. In Vitro Fertilization (IVF) One of the more common medical procedures that couples undergo in order to have a better chance at conceiving, is In Vitro Fertilization (IVF). The Human Fertilization and Embryology Authority states, “IVF… [is] the fertilization of an egg (or eggs) outside [of] the body. Typically those who lean towards IVF treatment have been diagnosed with unexplainable fertility, have a blockage in their fallopian tubes, other methods of conception have not been successful, or if the patient is using preserved sperm or eggs. There are six steps in IVF treatment: the doctor will...
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...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...
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...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...
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...referred to an arrangement in which a woman becomes pregnant for the sole purpose of having a child that another couple will raise. This discovery causes to wake up each and everyone's mind. It also gave birth to the undying rivalry between pros and cons. Surrogacy is entitled with issues and controversies. It also left questions to our mind. Who really suffered and benefited with this? Other debates include moral and ethical questions. Does surrogacy go against natural selection, and is the burden it will cause to the children, the parents, and the surrogate mother, worth it? Some people believe that if an individual does not have the ability of reproduction, it should be selected, and technology should not be used to alter God’s plan. Surrogacy provides some couples with their only hope of raising a child genetically related to at least one of them. They believe that everyone should be given the chance to have a family, and if the surrogate mothers are willing to do it, they do not see a problem with it. II.BODY History of surrogacy can be traced back in the time of Holy Bible and Roman history, where the culture regarded positively about carrying a baby for an infertile couple. The bible book of Genesis, a story of surrogacy was recorded in chapter 16. About the story of Sarah and Abraham, a nomadic Hebrew couple unable...
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...Surrogacy is when another woman carries and gives birth to a child for another individual. Though it can be an emotionally intense and legally complex arrangement, it is growing in popularity among parents as a way of having children. Having another woman bear a child for a couple to raise, usually with the male half of the couple as the genetic father, is referred to in antiquity. Babylonian law and custom allowed this practice and infertile woman could use the practice to avoid a divorce, which would otherwise be inevitable. One well-known example is the Biblical story of Sarah and Abraham, a nomadic Hebrew couple unable to conceive. Sarah offered her Egyptian slave Hagar as a surrogate, but later drove her away from the camp when Hagar became impudent during pregnancy. Hagar fled to Egypt, where an angel told her that her son Ishmael would become a leader amongst the Hebrews; she subsequently returned to Sarah and Abraham. Surrogacy requires a lot of time, money and patience to succeed, whether it's carried out privately or through an agency. But it can bring happiness to all concerned if the medical, legal, financial and emotional aspects are properly considered. Why choose surrogacy Someone may choose surrogacy if one can't carry a pregnancy, perhaps because: * Have had recurrent miscarriages. * Have a health condition which makes pregnancy and birth dangerous. * Uterus (womb) is abnormal or absent, whether since birth or after a hysterectomy. *...
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...The Surrogate Motherhood Controversy POSC 450.001 Senior Seminar October 24, 2009 The Surrogate Motherhood Controversy Introduction “A surrogate mother feels like a flesh covered test tube during the entire experience. As the fetus grows the women is depersonalized and she become fragmented from the whole person –merely a vehicle for breeding babies.” There is a huge controversy of whether surrogate motherhood should be legal. This controversy has started huge debates worldwide. It has brought attention to doctors, sociologists, feminists, historians, and people of different cultures, races, classes and religions. The major overwhelming arguments is that the act of surrogacy should be illegal. The issues and objections surrounding the surrogate motherhood is that it is considered baby selling, finding the legality of its contracts, and the class of people, whether they are rich or poor. The other concerns are the traditional rights of the birth mothers, the psychological impact of these children who are born under these contracts. The purpose of this paper is to introduce, discuss and analyze the controversy of a surrogate mother. The paper will find the reasons of why women want to become surrogate mothers. This paper will examine the different viewpoints that have been in conflict for many years. The paper will reveal how some women chose to become surrogate mothers just for the money and that some do it because they want to help couples who...
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...‘Consumers India’ under “Emblems and Names Act, 1950”. Consumers India has taken up several important campaigns with a view to safeguard interests of large number of consumers. Some of them relate to ‘Unethical Medical Practices’, ‘Misleading Advertising’, ‘Ageing with Dignity’, ‘Access to Affordable Medicines’, ‘End criminalization of Politics', ‘Justice for all…Just Now’, ‘I am a city changer’, ’Right to Information, ‘Junk the junk food’ etc. Catalyzing the energy of youth through Internship Programme and All-India Painting/Slogan/On-line Photography Contests etc. has been a major milestone achieved by Consumers India. In our NGO we were given topics for research work. My topic for research work was – REGULATORY FRAMEWORK ON SURROGACY. We were given a certain format in which we had to do our work and submit our work compiled in a file of about 20 thousand words. I learned a lot of new things like filing RTIs, filing...
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...methods to achieve pregnancy. According to the CDC, the use of these methods has doubled in the last ten years. There has also been an increase in the number of successes based on the most recently collected data as at 2012. The current percentage of people born through ART (assisted reproductive technology) living in the United States is at 1% which, quite frankly, is a lot of people (Assisted Reproductive Technology (ART), 2014). In the case of surrogate parenting, an agreement is reached typically between an infertile couple and a woman who is to carry a baby for this couple. There are two main types which are gestational surrogacy and traditional surrogacy. In gestational surrogacy, conception takes place by means of IVF (in vitro fertilization) which would mean that the surrogate mother will have no genetic relationship with the resultant child. In traditional surrogacy, conception will take place either naturally or artificially which would mean that there will be a genetic relationship between the surrogate mother and the pregnancy. Sperm and egg donation as the name implies is a practice in which sperm and eggs or embryos have been donated by a third party to enable the infertile individual or couple to conceive. The donors are usually screened before they can donate and are usually compensated for the donation. All these are various types of fertility treatment and have become more commonly used around the world, but they still raise some ethical concerns which will be...
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...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...
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...The Surrogate Motherhood Controversy The Surrogate Motherhood Controversy Introduction “A surrogate mother feels like a flesh covered test tube during the entire experience. As the fetus grows the women is depersonalized and she become fragmented from the whole person –merely a vehicle for breeding babies.” There is a huge controversy of whether surrogate motherhood should be legal. This controversy has started huge debates worldwide. It has brought attention to doctors, sociologists, feminists, historians, and people of different cultures, races, classes and religions. The major overwhelming arguments is that the act of surrogacy should be illegal. The issues and objections surrounding the surrogate motherhood is that it is considered baby selling, finding the legality of its contracts, and the class of people, whether they are rich or poor. The other concerns are the traditional rights of the birth mothers, the psychological impact of these children who are born under these contracts. The purpose of this paper is to introduce, discuss and analyze the controversy of a surrogate mother. The paper will find the reasons of why women want to become surrogate mothers. This paper will examine the different viewpoints that have been in conflict for many years. The paper will reveal how some women chose to become surrogate mothers just for the money and that some do it because they want to help couples who cannot produce children. This paper will also show...
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...PROJECT WORK ON “Surrogacy Motherhood” Under the Keen Supervision of:- Prof. Dr. M. Shabbir (Ambedkar Chair Professor of Law) Incharge & Chairman Department of Law, A.M.U. Aligarh Submitted by:- Faisal Ashfaq LL.M. (P) 13-LLM-20 GB1586 Synopsis * Introductory Remarks * Surrogacy and its Types * Necessity for Surrogacy * Hague Conference on Private International Law, March 2011 * National Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India * The Assistive Reproductive Technology Regulation (Draft) Bill, 2010 * Socio Legal Issues * The Present Indian Scenario * International Perspective on Surrogacy * Conclusion * Bibliography Introductory Remarks The very word surrogate means “substitute”. That means a surrogate mother is the substitute for the genetic-biological mother. In common language, a surrogate mother is the person who is hired to bear a child, which she hands over to her employer at birth. According to the Artificial Reproductive Technique (ART) Guidelines:- Surrogacy is an “arrangement in which a woman agrees to a pregnancy, achieved through assisted reproductive technology, in which neither of the gametes belong to her...
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... we focus on each other and on our happiness. Unfortunately, some people are deprived from this blessing. They cannot have a family due to medical reasons. Such medical reason is a woman having a hostile uterus therefore proper implantation of the zygote cannot occur and thus no pregnancy can occur either. Repeated attempts to get pregnant will lead to the same result, the mother will suffer from recurrent abortion or premature labor. Another reason is if the intended mother suffers from severe heart problems, kidney or respiratory diseases, unstable diabetes, or severe high blood pressure the pregnancy will endanger her life. Those who do not support gestational surrogacy justify their positing by citing that there were cases where the surrogacy turned out to be a failure. In fact surrogacy has indeed created troubles for some couples and their surrogate. The first issue to rise is choosing the surrogate mother. Agencies are used to help the couple choose their candidate, but for a fee of course. This fee is very expensive. It costs them thousands of dollars to cover all the medical requirements. In case the...
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...genetic mother. (Would you rather be a 'birth' or a 'genetic' mother? if so, how much?, 1994). The bonds a woman establishes with her child while pregnant is one that can never be replaced. If the majority of women would rather bear a child themselves for this particular reason; why is commercial surrogate motherhood on the rise? Some women are beginning to consider commercial surrogate motherhood as a better alternative than adoption. To enforce a contract on something that is so personal to women like labor and childbirth is not only ethically wrong but morally wrong as well. What is surrogacy? Surrogacy is when one woman bears a child for another that for some reason cannot do on their own. There are several types of surrogacy; Altruistic, commercial, genetic and gestatory. Altruistic surrogacy is when the person bearing the child is doing it for a family member or friend. Commercial surrogacy is when the potential parents seek an individual to bear their child and usually involves payment to the surrogate. Both altruistic and commercial surrogate mothers can be genetic or gestatory. Genetic surrogate mothers are genetically tied to fetus they carry (their egg with the potential father’s sperm if...
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...Baby Mama 1 hour 39 minutes Rated: PG-13 Genre: Comedy Released: April 25, 2008 Directed by Michael McCullers Distributor: Universal Studios Technology is defined in the dictionary as “the branch of knowledge that deals with the creation and use of technical means and their interrelation with life, society, and the environment.” Technology has maneuvered its way into the world’s simplest form of living, and has even presented itself in the genre of films writings as well. Today not only is technology used in the production of these films, but in many cases it has made itself part of the plot. Film writers have amplified, stretched, or even created many types of technology to draw their plot lines around, and the movie Baby Mama does just that. Baby Mama is a film that presents something as serious as reproduction and the technologies involved in that, and make it hilarious and understandable to your average audience. Baby mama is a romantic comedy film released in 2008. It was written and directed by first time director Michael McCullers, staring Tina Fey, Amy Poehler, and Greg Kinnear. The main character in the film is Tina Fey’s character, Kate. Kate is an intelligent single 37 year old woman who’s desperately looking to have a child. She attempts adoption but fails due to the fact that she is a single mother. She then picks a sperm donor and tries in-vitro fertilization nine times but does not manage to get pregnant; she finds out that her chances of conceiving...
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