Commercial surrogacy
The continually rising prevalence of infertility all over the globe has led to the development and implementation of the assisted reproductive techniques. As a result, commercial surrogacy is a preferable reproductive solution where clients pay, especially when it is a woman or a couple who cannot have babies. Commercial surrogacy is a situation where a surrogate mother is paid to conceive, carry and deliver a child for another person or couple. From a theoretical perspective, the process seems like a beneficial process because a poor surrogate mother gains financially, and the infertile clients get their baby. However, due to the ineffective legislation, the intended parents and surrogate bearers are exploited by commercial agencies and intermediaries. Concerning this and other factors, this paper discusses reasons as to why commercial surrogacy could be legal or illegal, relative to the situation. All in all, after an explanatory illustration on the factors surrounding the legality of commercial surrogacy, I believe commercial surrogacy should be legal.
Surrogacy contracts could be documents or agreements that guide the whole process of surrogacy; to be more precise, it indicates the rights, roles and responsibility of every participant before and after the delivery of the baby. According to Jenna and Jones, “Parents who come to us, they have been through everything from A to Z to find out that surrogacy is the last resort to have their biological child,” (2). Since this is their last option, there must be contracts to ensure the whole process is carried out effectively. That aside, commercial surrogacy contracts are agreements that guide the entire process of surrogacy, but the bearer is compensated for her services beyond the reimbursement of medical expenses. Theoretically, surrogacy seems like a natural process where both participants benefit efficiently; on the contrary, due to the under-developed legislation, the intended parents and surrogate bearers are exploited by commercial agencies and intermediaries. Commercial surrogacy contracts are and moral because they eliminate this challenge.
According to Sandel, commercial surrogacy contracts are agreements that guide the whole process of surrogacy, but the bearer is compensated for her services beyond the reimbursement of medical expenses (3). There are various scenarios where the participants might disagree after their initially agreeing. Therefore, the outcome of upholding a commercial surrogacy contract depends on two primary theories of justice; that is, libertarian and utilitarian. Concerning the libertarian, it reflects the freedom of choice; that is, it upholds a contract concerning the liberty of the consenting adults. On the other hand, the utilitarian theory promotes the overall welfare of all participants; in other words, if both parties agree, they must all benefit in the long run. All in all, commercial surrogacy contracts are vital because they guide the whole process of surrogacy and indicate the rights, roles and responsibility of every participant before and after the delivery of the baby.
In India commercial surrogacy has been legal since 2002. And in the city of Anand, more than 50 women in this city are now pregnant with the children of couples from the United States, Taiwan, and Britain. The women earn more than many would make in 15 years (Sam Dolnick, Sentinel Orlando, & Orlando 1). As a result, it is a win-win situation for both participants; the parents get the baby, and the surrogates get colossal compensation. Today, commercial surrogacy generates about one billion dollars annually. In India, the demand for surrogacy has increased, and surrogates can receive approximately 20,000 to 25,000 US dollars (Sandel 101). Perhaps one of the most critical outcomes of commercial surrogacy is financial gain by the child-bearer. And to ensure the whole process is effective, both participants agree through a surrogacy contract. And it fosters security by clearly indicating the rights, roles and responsibility of every participant.
Commercial surrogacy is widely practised; however, it raises a lot of controversial questions, which are related to morals, modern science, and most importantly, the natural desire to have a family. According to Elizabeth Anderson, a contemporary moral philosopher, commercial surrogacy degrades women, by treating their bodies like factories and paying them not bond with the children they bear (Sandel 101). In other words, the philosopher insists that money should not be used to but surrogacy since it turns surrogates into objects; thus, she insists that women should not be treated as instruments of profits. From a theoretical perspective, commercial surrogacy seems like a beneficial process because a poor surrogate mother gains financially, and the infertile clients get their baby. However, due to the ineffective legislation, the intended parents and surrogate bearers are exploited by commercial agencies and middlemen. To be more precise, the poor women are extensively exploited; as a result, there are high cases of maternal deaths since surrogates are hired at a cut-rate cost. Consequently, they experience pain and risk of labour.
The continuously increasing occurrence of infertility all over the world has led to the improvement and execution of the assisted reproductive techniques. Similarly, commercial surrogacy is an excellent reproductive resolution where clients pay for someone else to bear their baby, especially when it is a woman or a couple who cannot have babies. Therefore, I believe commercial surrogacy should be legal. And this is because, in a nation where the average income if two hundred dollars, surrogacy gives poor women substantial income. On the other hand, it enables infertile individuals or couples to satisfy their dream of having a baby or babies. In India, the demand for surrogacy has increased, and surrogates can receive approximately 20,000 to 25,000 US dollars. Perhaps one of the most critical outcomes of commercial surrogacy is financial gain by the child-bearer. By utilizing contracts and support from responsible medical institutions, the possibility of exploitation of surrogates or the infertile patients can be minimized to ensure commercial surrogacy is successful. All in all, after this paper’s explanatory illustration on the factors surrounding the legality of commercial surrogacy, I believe commercial surrogacy should be legal.
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Works Cited
Jenna, Jones. “Surrogacy gives hope to childless couples.” TCA Regional News; Chicago [Chicago]14 Oct 2015.
Sandel, Michael J. “Justice: What’s the Right Thing To Do? 2010.” Farrar, Straus and Giroux.
Sam Dolnick, Sentinel Orlando, & Orlando, Fla. “Outsourcing pregnancy; Since 2002, commercial surrogacy has been legal in India, and it’s fast becoming an industry; In nine months, the surrogate mothers can earn more money than they can make in a decade at other jobs.” [Orlando, Fla]08 Jan 2008: E1