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This study addresses the two most controversial issues in surrogate motherhood: the commercial aspect of the practice and the issue of parental rights. After setting the legal and moral backdrop of procreative liberty in general, Rae argues that commercial surrogacy is the moral equivalent of baby-selling and should be prohibited. Add to this the potential for exploitation of the surrogate in practices that are already in motion and it is not hard to see the potential for harm to the parties involved. The book concludes with a survey of state and international law to date on surrogacy and a sample legislative proposal that could be adopted by states that are currently deliberating the issues. The commercial aspect of surrogacy makes it a potentially profitable business, not only for the surrogates but also for the brokers who facilitate the arrangements. This book promotes careful forethought, a reconsideration of definitions of parenthood, and a thorough examination of cases past and pending.
This book is open access under a CC BY 4.0 license. This book examines the concept of care and care practices in healthcare from the interdisciplinary perspectives of continental philosophy, care ethics, the social sciences, and anthropology. Areas addressed include dementia care, midwifery, diabetes care, psychiatry, and reproductive medicine. Special attention is paid to ambivalences and tensions within both the concept of care and care practices. Contributions in the first section of the book explore phenomenological and hermeneutic approaches to care and reveal historical precursors to care ethics. Empirical case studies and reflections on care in institutionalised and standardised settings form the second section of the book. The concluding chapter, jointly written by many of the contributors, points at recurring challenges of understanding and practicing care that open up the field for further research and discussion. This collection will be of great value to scholars and practitioners of medicine, ethics, philosophy, social science and history.
This book delves deeply into modern surrogacy arrangements, responding to both practical and ethical critiques by offering a radically new model for surrogate motherhood. Current practice distinguishes between two models of surrogacy – the altruistic (unpaid) model and the commercial (paid) model, both of which present social, ethical, and conceptual challenges. This book proposes a novel arrangement for surrogate motherhood – the professional model. Inspired by professions, such as nursing, teaching, and social work, the professional model acknowledges the caring motives that surrogate mothers have while at the same time compensating them for their work. Walker and Van Zyl adopt an evidence-based approach to explain that the professional model enables trust between intended parents and surrogates, provides professional support at every stage of the relationship, affords legal protections against exploitation and commodification, and recognizes the rights and interests of all parties, including the intended baby. The model applies to both transnational and domestic surrogacy and will be of great interest to policy makers, social researchers, bioethicists, legal scholars, fertility professionals, clinicians, and graduate students in psychology, philosophy, medicine and ethics.
Ethics of Assisted Reproductive Medicine compares and contrasts Western and Islamic models of bioethics to make the case that the Islamic perspective (taken from the Qur’an and the Sunnah) provides a viable and clear alternative that goes beyond the dominance of the secular and its various philosophical bases, to give Revelation and spiritual understanding precedence. Human cloning, surrogacy, and IVF, are some of the more hotly contested topics. The author analyzes these rigorously and objectively, addressing the perspectives of both the secular Western and Islamic models, and fundamentally how each has chosen to framework its own understanding of the issues at hand. In discussing these issues, keeping to principles, the author charts the way out of a confused circle of opinion that is making it very hard to decide “what is best”.
Where pregnancy is concerned, let every pregnancy be for everyone. Let us overthrow, in short, the “family” The surrogacy industry is estimated to be worth over $1 billion a year, and many of its surrogates around the world work in terrible conditions—deception, wage-stealing and money skimming are rife; adequate medical care is horrifyingly absent; and informed consent is depressingly rare. In Full Surrogacy Now, Sophie Lewis brings a fresh and unique perspective to the topic. Often, we think of surrogacy as the problem, but, Full Surrogacy Now argues, we need more surrogacy, not less! Rather than looking at surrogacy through a legal lens, Lewis argues that the needs and protection of surrogates should be put front and center. Their relationship to the babies they gestate must be rethought, as part of a move to recognize that reproduction is productive work. Only then can we begin to break down our assumptions that children “belong” to those whose genetics they share. Taking collective responsibility for children would radically transform our notions of kinship, helping us to see that it always takes a village to make a baby.
This comprehensive book covers the research, theory, policy and practice context of unusual reproduction using third parties. Olga Van den Akker details the psychological adaptation required to continuing changes in public opinion, advances in technologies and new legislations in surrogate motherhood and discusses their impact at an individual, societal and global level. She describes the competing interests and interactions between legal, organisational, personal, social, psychological and cultural issues in relation to biological and genetic surrogate and commissioning parenthood. This book is intended for professionals, practitioners, academics and students interested in the complexities of unusual reproduction using multidisciplinary perspectives.
"... a welcome addition to the literature." --Center for Theology and the Natural Sciences "... ideologically diverse selection of readings... "--Times Literary Supplement (London) "The essays are balanced, challenging, well-argued, and well-written. They ably and accessibly represent feminist contributions to medical ethics... " --Religious Studies Review "... fascinating... thought-provoking... " --Nursing Times "A stimulating book for those women and men (feminist and non-feminist) interested in medical ethics." --Maternal and Child Health "... landmark [event] in bioethics... " --Women & Health The aim of this volume is to show how a feminist perspective advances biomedical ethics by uncovering inconsistencies in traditional argument and by arguing for the importance of hitherto ignored factors in decision making. These essays include both theory and very specific examples that demonstrate the glaring inadequacy of mainstream medical ethics.
With an Expanded Appendix on the Current Legal Status of Surrogacy Arrangements A practice known since Biblical times, surrogate motherhood has only recently leaped to prominence as a way of providing babies for childless couples—and leaped to notoriety through the dramatic case of Baby M. Contract surrogacy is officially little more than ten years old, but by 1986 five hundred babies had been born to mothers who gave them up to sperm donor fathers for a fee, and the practice is growing rapidly. Martha Field examines the myriad legal complexities that today enmesh surrogate motherhood, and also looks beyond existing legal rules to ask what society wants from surrogacy. A man’s desire to be a “biological” parent even when his wife is infertile—the father’s wife usually adopts the child—has led to this new kind of family, and modern technology could further extend surrogacy’s appeal by making gestational surrogates available to couples who provide both egg and sperm. But is surrogacy a form of babyselling? Is the practice a private matter covered by contract law, or does adoption law govern? Is it good or bad social and public policy to leave surrogacy unregulated? Should the law allow, encourage, discourage, or prohibit surrogate motherhood? Ultimately the answers will depend on what the American public wants. In the difficult process of sorting out such vexing questions, Martha Field has written a landmark book. Showing that the problem is rather too much applicable law than too little, she discusses contract law and constitutional law, custody and adoption law, and the rights of biological fathers as well as the laws governing sperm donation. Competing values are involved all along the legal and social spectrum. Field suggests that a federal prohibition would be most effective if banning surrogacy is the aim, but federal prohibition might not be chosen for a variety of reasons: a preference for regulating surrogacy instead of driving it underground; a preference for allowing regulation and variation by state; or a respect for the interests of people who want to enter surrogacy arrangements. Since the law can support a wide variety of positions, Field offers one that seems best to reconcile the competing values at stake. Whether or not paid surrogacy is made illegal, she suggests that a surrogate mother retain the option of abiding by or canceling the contract up to the time she freely gives the child to the adopting couple. And if she cancels the contract, she should be entitled to custody without having to prove in court that she would be a better parent than the father.
With this volume, Professor Wertheimer discusses when a transaction can be properly regarded as exploitative - as opposed to some other moral deficiency - and explores the moral weight of taking unfair advantage.
In The Ethics of Parenthood Norvin Richards explores the moral relationship between parents and children from slightly before the cradle to slightly before the grave. Richards maintains that biological parents do ordinarily have a right to raise their children, not as a property right but as an instance of our general right to continue whatever we have begun. The contention is that creating a child is a first act of parenthood, hence it ordinarily carries a right to continue as parent to that child. Implications are drawn for a wide range of cases, including those of Baby Jessica and Baby Richard, prenatal abandonment, babies switched at birth and sent home with the wrong parents, and families separated by war or natural disaster. A second contention is that children have a claim of their own to have their autonomy respected, and that this claim is stronger the better the grounds for believing that what the child's actions express is a self of the child's own. A final set of chapters concern parents and their grown children. Views are offered about what duties parents have at this stage of life, about what is required in order to treat grown children as adults, and about what obligations grown children have to their parents. In the final chapter Richards discusses the contention that parents sometimes have an obligation to die rather than permit their children to make the sacrifices needed to keep them alive, arguing that a leading view about this undervalues both love and autonomy.