...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...
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...and ineffective in ensuring compliance with the law regarding family relationships. The legal system can never ensure complete compliance but ensures it effectively through legislation and common laws implemented in the family law areas of surrogacy . The law can be seen to not effectively ensure compliance in the areas of domestic violence and relationship breakdown involving children. In the issue of the legal rights and obligations of parents agreement with the law can be seen to occur, but more reform both legally and socially is needed for such effectiveness In family law issue of surrogacy, much recent reform has been orchestrated as a means to effectively encourage compliance with the law. The need to change and reform surrogacy laws to ones which were more coherent and simpler to comply with are noted in ‘Time to Change unjust surrogacy laws’ 2007 the age and in case law demonstrating the complex nature of complying with such laws ‘Wilson and Anor and Roberts and Anor 2010’. Thus in the surrogacy Act nsw 2010 was implemented to create a more decisive and coherent set of laws that are to be compiled with and that encouraged through their reflection of societies values and ethics. SMH published an article in 2015 stating head of family court Diana Bryant is confident Australia will legalize commercial surrogacy to prevent such tragedies such as ‘Baby Gammy’ who was let behind because of his disability. Commercial surrogacy is outlawed in Australian states and territories...
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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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...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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...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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...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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...Lisa O’Neil Ethics and Genetic Engineering Essay Ethics are part of our everyday decisions, in order to be ethical we need to firstly understand the basis of ethics. The word ‘Ethics’ comes from the greek word ‘ethikos’ which relates to the customary way to behave in society. Ethics is a branch of philosophy dates back to before 367 b.c. Famously in the history of ethics and philosophy were ‘’The Three Wise Greek Men’’ Socrates, Plato and Aristotle. Socrates was a teacher of philosophy and Plato was Socrates student for approximately ten years, and when Socrates died, Aristophanes became Plato's student. Aristotle views were that ‘’ethics is a virtue of happiness, and that the pursuit of virtue is the highest and noblest aim for a human being’’ . Aristotle can be seen as saying ‘’ Nobody would choose to live without friends even if they had everything else they desired ‘’ (quoted from The Puzzle of Ethics- Peter Vardy pg 31). Socrates took a practical view on ethics, he was concerned with ‘’how an individual would live in order to achieve happiness’’. Socrates can be seem as saying; ‘’Think hard enough and you will always find that doing the right thing is best for you ‘’ ( quoted in Peter singers A companion to Ethics, Blackwell p. 125 ). Plato's view was much more in depth and most famously contradicts Socrates work. Plato believes ethics is ‘’ knowledge is the virtue of happiness ‘’ . Plato can be seen as saying ‘’ If you believe something is right than its right...
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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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...Chapter 1: Ethical Theory Meta-ethical positions include: * Ethical non-cognitivism (concept that ethics is a matter of feelings) * Ethical relativism (concept that ethics is relative to a particular point of view) * Ethical objectivism (notion that ethics is objective in nature). Meta-Ethical Positions Ethical Non-cognitivism The basis of ethical non-cognitivism is that ethical disagreement can be a highly emotional affair where no amount of reasoning is likely to convince the other party. * Example: “Let’s just agree to disagree” Ethical Relativism * Ethical relativism says that while ethical statements are cognitively meaningful, they do not hold in any objective sense because they depend on our point of view. * If we accept ethical relativism, then ethical disagreement among people who do not share the same perspective becomes impossible. * It assumes that if people agree on something, then it must be true. * Ethical relativism is suspect for a pragmatic reason: it is fundamentally at variance with our social practice. * Example: “To each his own”, or the belief that what’s right for one group isn’t necessarily right for another Ethical Objectivism * Ethical objectivism holds that right and wrong are objective phenomena. * Example: “I’m right and you’re wrong” What is Ethics? * As a discipline, ethics is a branch of philosophy. * It deals with questions of right and wrong conduct, and with what we ought to do and what...
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...It is possible to clone mammals. Is it morally acceptable to clone a human being? Defend your answer against those who would not agree with you. By: Martin Pierce Student Number: 1057404 In cloning for medical-research purposes the development of the embryo is halted as soon as a cluster of stem cells develops. The stem cells are then harvested for research purposes. Due to the fact that no infant is born (in fact the embryo never even gets past the blastocyst stage), it is argued that this type of cloning has nothing to do with human cloning. (Hatch Backs Limited Cloning, 2002). For this reason this paper shall take the statement “to clone a human being” as meaning cloning that results in a fully formed human and not on the cloning of embryos for the purposes of research. The issues around cloning are in the main more ethical than theological and yet most of the objections to cloning come from religious sources, even if those objections are not religious in nature. The first objection is that cloning leaves God out of the process of human creation. This only makes sense though if your definition of God is of a being that plays a role in the birth of each member of our species. Even holding to this view it does not necessarily follow that cloning is comparable to playing God (Brannigan, 2001). How can science prevent a supposedly...
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...that led to a request for an ethics consultation. Some details have been changed to preserve patient privacy. The goal of this column is to address ethical dilemmas faced by patients, families and healthcare professionals, offering careful analysis and recommendations that are consistent with biblical standards. The format and length are intended to simulate an actual consultation report that might appear in a clinical record and are not intended to be an exhaustive discussion of the issues raised. Case: Dorthea is a 69-year-old woman who was well and active until about five years ago when she developed diabetes. She was admitted to the hospital 18 months ago with recurrent fainting and was found to have an intermittent transient heart block1. She reluctantly consented to insertion of a permanent pacemaker. Three months ago her kidney function was found to be diminished to about 10% of normal, probably caused by her diabetes. It was expected that she would soon require dialysis. However, her kidney function has since improved so that dialysis will not likely be needed for some time. She has since said she would refuse dialysis even if it were needed, and she has refused treatment of her profound anemia. She did consent to a colonoscopy last month to see if she had cancer (malignant change was found in one small area, presumably cured). She is now asking that her pacemaker be turned off so that she can die. The ethics consultant met with the patient...
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...CONCERNING UNUSUAL IDEAS 10) ADVANCE DIRECTIVES 11) CONFIDENTIALITY 12) CONFIDENTIALITY AUDIT 13) EUTHANASIA 14) ABORTION 15) BIOTECHNOLOGY 16) SUGGESTED READING ONE – INTRODUCTION (Registrar) The importance of Ethical thinking in General Practice is becoming more and more apparent. It should not be thought that Ethics merely relates to the “Life and Death” issues in our Professional life – Abortion, Contraception, Euthanasia and the like. Ethical issues affect some part of almost every consultation, even if the ethical issue is something more mundane like obtaining adequate consent for an examination or respecting a patient’s dignity. Indeed, it could be argued that the Consultation skills that we foster so assiduously are actually Ethical skills – and that we need to know the patient’s “Ideas, Concerns and Expectations” in order to respect his Autonomy as well as in order to improve the outcome of the Consultation. In the 1998/99 academic year, I was appointed the deanery’s Medical Ethics fellow with a bursary from the MDU. I developed an approach to the teaching of GP ethics based on two half day sessions, which I presented in each VTS scheme in the deanery. The first session involved a consideration of Ethical theory. However, the more useful session was the second one where each Registrar presented an “Ethical case history” to the Registrar Group. The Case History summarised an Ethical problem that had concerned...
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...and ethical boundaries ɀ Prepare and maintain medical records ɀ Document accurately ɀ Follow employer’s established policies dealing with the health-care contract ɀ Implement and maintain federal and state health-care legislation and regulations ɀ Comply with established risk management and safety procedures ɀ Recognize professional credentialing criteria CHAPTER OUTLINE ɀ ɀ ɀ ɀ Medical Law and Ethics OSHA Regulations Quality Control and Assurance Code of Ethics ɀ HIPAA ɀ Confidentiality Issues and Mandatory Disclosure OBJECTIVES After completing Chapter 3, you will be able to: 3.1 Define ethics, bioethics, and law. 3.2 Discuss the measures a medical practice must take to avoid malpractice claims. 3.3 Describe OSHA requirements for a medical office. KEY TERMS abandonment agent arbitration assault authorization battery bioethics breach of contract civil law contract crime criminal law defamation disclosure durable power of attorney electronic transaction record ethics expressed contract felony fraud implied contract law law of agency liable living will malpractice claim misdemeanor moral values negligence Notice of Privacy Practices (NPP) Privacy Rule protected health information (PHI) Security Rule subpoena tort treatment, payments, and operations (TPO) uniform donor card use void 37 ram4577X_ch03.qxd 4/16/04 11:50 Page 38 OBJECTIVES (Continued) 3.4...
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...ACKNOWLEDGEMENTS All praises due to Almighty Allah who enabled me to complete the research work. I am pleased to avail myself of the opportunity to express my deepest sense of respect, sincere appreciation and heartfelt gratefulness to my Anthropology department, to honorable supervisor & teachers who helped me for increasing anthropological insights by their guidance in planning and execution of present research work, suggestions, inspirations, affectionate feelings and constructive criticism through the work. I am very grateful for the support that our seminar librarian has shown by allowing me to take books in case of necessity and within short notice. The support will always be remembered. I am indebted to my parents and my friends for their immense mental support and courage to perceive through all sorts of difficulties until this research work was completed. I really feel proud of my honorable respondents who helped me to collect data in regard of my research title. Their helping mind really impressed me. So, I show my deepest sense of respect to them. My supervisor, I thank you for your guidance that brought me to the end of this work. Your politeness & cordial behavior added encouragement to my work. December, 2014 | Roll No:09203219Registration no: 3552Session: 2008-2009MSS, Department of Anthropology | ABSTRACT Being the main force conditioning human relationship, sex is essentially political. In any social context, the construction of...
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...have been passed on for centuries. They wear amazingly beautiful clothes, have interesting art techniques and have one the largest markets for music. Japan is also known for their Geisha girls, martial arts, and bizarre foods. Origins “The Japanese Archipelago includes more than 3,000 islands, covering a total area of 377,835 square kilometers. The four main islands, from north to south, are Hokkaido, Honshu, Shikoku, and Kyushu” (Szczepanski, n.d.). There is evidence that people inhabited Japan 30,000 years ago. According to Szczepanski (n.d.), these people were called Jomon and were hunter and gatherers who lived off the land. Japan first appears in the historical records of China in about 300 BC. There are many theories regarding the evolution of Japan. The most popular is that “Japanese gradually evolved from ancient Ice Age people who occupied Japan long before 20,000 B.C., and widespread in Japan is a theory that the Japanese descended from horse-riding Asian nomads who passed through Korea to conquer Japan in the fourth century” (Diamond, 1998). Japan gained its independence and culture while emerging from isolation to create an industrialized society in the nineteenth...
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