Home  ›  Baby M Turns 30: the Law and Policy of Surrogate Motherhood, American J. Law and Medicine

Baby M Turns 30: the Law and Policy of Surrogate Motherhood, American J. Law and Medicine

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This article is near a type of pregnancy. For other uses of the word "surrogacy", meet Surrogate.

Arrangement in which a woman carries and delivers a child for some other couple or person

Intended parents attend the birth of their kid by a gestational surrogate.

Surrogacy is an system, often supported by a legal agreement, whereby a woman (the gestational carrier) agrees to bear a child for another person or people, who will get the child'south parent(south) afterwards birth.

People may seek a surrogacy system when pregnancy is medically impossible, when pregnancy risks are dangerous for the intended mother, or when a single man or a male couple wish to accept a child. Surrogacy is considered ane of many assisted reproductive technologies.

In surrogacy arrangements, monetary compensation may or may not be involved. Receiving money for the arrangement is known as commercial surrogacy. The legality and cost of surrogacy varies widely between jurisdictions, sometimes resulting in problematic international or interstate surrogacy arrangements. Couples seeking a surrogacy arrangement in a country where information technology is banned sometimes travel to a jurisdiction that permits it. In some countries, surrogacy is legal only if money does non exchange hands. (See: surrogacy laws by state and fertility tourism.)

Where commercial surrogacy is legal, couples may employ the help of tertiary-political party agencies to help in the process of surrogacy by finding a surrogate and arranging a surrogacy contract with her. These agencies oftentimes screen surrogates' psychological and other medical tests to ensure the best chance of healthy gestation and delivery. They also commonly facilitate all legal matters concerning the intended parents and the surrogate.

Methods [edit]

Surrogacy may be either traditional or gestational, which are differentiated by the genetic origin of the egg. Gestational surrogacy tends to be more common than traditional surrogacy and is considered less legally complex.[1]

Traditional surrogacy [edit]

A traditional surrogacy (likewise known as fractional, natural, or straight surrogacy) is one where the surrogate's egg is fertilised by the intended father'due south or a donor's sperm.

Insemination of the surrogate can be either through sex (natural insemination) or bogus insemination. Using the sperm of a donor results in a child who is non genetically related to the intended parent(s). If the intended begetter'south sperm is used in the insemination, the resulting child is genetically related to both the intended father and the surrogate.[2] [3]

In some cases, insemination may be performed privately by the parties without the intervention of a physician or medico. In some jurisdictions, the intended parents using donor sperm need to go through an adoption procedure to take legal parental rights of the resulting child. Many fertility centres that provide for surrogacy aid the parties through the legal process.

Gestational surrogacy [edit]

Gestational surrogacy (also known as host or full surrogacy[4]) was first accomplished in Apr 1986.[5] It takes place when an embryo created by in vitro fertilization (IVF) engineering is implanted in a surrogate, sometimes called a gestational carrier. Gestational surrogacy has several forms, and in each grade, the resulting kid is genetically unrelated to the surrogate:

  • The embryo is created using the intended father's sperm and the intended female parent's eggs;
  • The embryo is created using the intended father'southward sperm and a donor egg;
  • The embryo is created using the intended mother'southward egg and donor sperm;
  • A donor embryo is transferred to a surrogate. Such an embryo may be available when others undergoing IVF accept embryos left over, which they donate to others. The resulting child is genetically unrelated to the intended parent(southward).[six]

Risks [edit]

The embryo implanted in gestational surrogacy faces the same risks as anyone using IVF would. Preimplantation risks of the embryo include unintentional epigenetic effects, influence of media which the embryo is cultured on, and undesirable consequences of invasive manipulation of the embryo. Often, multiple embryos are transferred to increment the chance of implantation, and if multiple gestations occur, both the surrogate and the embryos face up higher risks of complications.[seven]

Gestational surrogates have a smaller chance of having hypertensive disorder during pregnancy compared to mothers meaning by oocyte donation. This is perchance considering gestational carriers tend to exist healthier and more fertile than women who use oocyte donation. Gestational carriers also have depression rates of placenta previa / placental abruptions (one.one-7.9%).[8]

Children built-in through singleton IVF surrogacy have been shown to have no concrete or mental abnormalities compared to those children born through natural formulation. However, children born through multiple gestation in gestational carriers oft consequence in preterm labor and delivery, resulting in prematurity and concrete and/or mental anomalies.[seven]

Outcomes [edit]

Among gestational surrogacy arrangements, between 19–33% of gestational surrogates will successfully become pregnant from an embryo transfer. Of these cases, 30–70% volition successfully allow the intended parent(s) to go parent(s) of the resulting child.[9]

For surrogate pregnancies where merely one child is born, the preterm nativity rate in surrogacy is marginally lower than babies born from standard IVF (11.5% vs 14%). Babies built-in from surrogacy also have similar average gestational historic period as infants born through in vitro fertilization and oocyte donation; approximately weeks. Preterm birth rate was college for surrogate twin pregnancies compared to single births. At that place are fewer babies with low birth weight when born through surrogacy compared to those born through in vitro fertilization but both methods accept similar rates of birth defects.[8]

Indications for surrogacy [edit]

Opting for surrogacy is often a choice fabricated when women are unable to carry children on their ain. This tin can be for a number of reasons, including an abnormal uterus or a complete absence of a uterus either congenitally (too known every bit Mayer-Rokitansky-Kuster-Hauser syndrome)[10] or post-hysterectomy.[11] Women may have a hysterectomy due to complications in childbirth such as heavy bleeding or a ruptured uterus. Medical diseases such as cervical cancer or endometrial cancer tin as well lead to surgical removal of the uterus.[11] Past implantation failures, history of multiple miscarriages, or concurrent severe heart or renal conditions that tin can make pregnancy harmful may also prompt women to consider surrogacy.[12] The biological impossibility of single men and same-sex couples having a infant too may point surrogacy as an pick.[12]

Gestational surrogacy [edit]

In gestational surrogacy, the child is non biologically related to the surrogate, who is often referred to equally a gestational carrier. Instead, the embryo is created via in vitro fertilization (IVF), using the eggs and sperm of the intended parents or donors, and is then transferred to the surrogate.[13]

Co-ordinate to recommendations made past the European Society of Human Reproduction and Embryology and American Society for Reproductive Medicine, a gestational carrier is preferably between the ages of 21 and 45, has had i full-term, uncomplicated pregnancy where she successfully had at to the lowest degree one kid, and has had no more than five deliveries or three Caesarean sections.[9]

The International Federation of Gynaecology and Obstetrics recommends that the surrogate'due south autonomy should be respected throughout the pregnancy fifty-fifty if her wishes conflict with what the intended parents want.[ix]

The most usually reported motivation given by gestational surrogates is an altruistic desire to help a childless couple.[nine] Other less normally given reasons include enjoying the experience of pregnancy, and financial compensation.[xiv]

History [edit]

Having another adult female acquit a child for a couple to raise, unremarkably with the male half of the couple every bit the genetic father, has been referenced since the aboriginal times. Babylonian law and custom allowed this do, and a adult female unable to requite birth could use the do to avert a divorce, which would otherwise be inevitable.[xv] [xvi]

Many developments in medicine, social customs, and legal proceedings around the world paved the manner for modern surrogacy:[17]

  • 1936 – In the U.S., drug companies Schering-Kahlbaum and Parke-Davis started the pharmaceutical production of estrogen.
  • 1944 – Harvard Medical School professor John Rock became the first person to fertilize human ovum outside the uterus.
  • 1953 – Researchers successfully performed the first cryopreservation of sperm.
  • 1976 – Michigan lawyer Noel Keane wrote the first surrogacy contract in the United states.[18]
  • 1978 – Louise Dark-brown, the showtime "test-tube infant", was built-in in England, the product of the kickoff successful IVF process.
  • 1985–1986 – A woman carried the first successful gestational surrogate pregnancy.[nineteen]
  • 1986 – Melissa Stern, otherwise known as "Infant M," was born in the U.S. The surrogate and biological female parent, Mary Beth Whitehead, refused to surrender custody of Melissa to the couple with whom she made the surrogacy agreement. The courts of New Jersey found that Whitehead was the kid'southward legal mother and declared contracts for gestational carrierhood illegal and invalid. However, the courtroom establish it in the all-time interest of the infant to award custody of Melissa to the child'due south biological father, William Stern, and his wife Elizabeth Stern, rather than to Whitehead, the gestational carrier.
  • 1990 – In California, gestational carrier Anna Johnson refused to requite upward the baby to intended parents Mark and Crispina Calvert. The couple sued her for custody (Calvert five. Johnson), and the courtroom upheld their parental rights. In doing so, information technology legally defined the true female parent as the adult female who, according to the surrogacy understanding, intends to create and raise a child.[20]
  • 2009 – Ukraine, one of the most requested countries in Europe for this treatment, gets his first Surrogacy Law approved.

Psychological concerns [edit]

Surrogate [edit]

Anthropological studies of surrogates have shown that surrogates appoint in various distancing techniques throughout the surrogate pregnancy then as to ensure that they exercise not become emotionally fastened to the baby.[21] [22] [23] Many surrogates intentionally try to foster the development of emotional attachment between the intended mother and the surrogate child.[24]

Some surrogates describe feeling empowered past the experience.[22] [25]

Although gestational surrogates generally study being satisfied with their experience as surrogates, there are cases in which they are not.[26] Unmet expectations are associated with dissatisfaction. Some women did not feel a sure level of closeness with the couple and others did not feel respected past the couple. Some gestational surrogates study emotional distress during the process of surrogacy. There may be a lack of access to therapy and emotional support through the surrogate procedure.

Gestational surrogates may struggle with postpartum depression and problems with relinquishing the child to their intended parents.[27] Immediate postpartum depression has been observed in gestational surrogates at a rate of 0-20%. Some surrogates study negative feelings with relinquishing rights to the kid immediately later on nascence, but most negative feelings resolve subsequently some time.

Child and parents [edit]

A systematic review[27] of 55 studies examining the outcomes for surrogacy for gestational carriers and resulting families showed that there were no major psychological differences in children up to the age of x years former that were born from surrogacy compared to those children born from other assisted reproductive applied science or those children conceived naturally.

Gay men who have become fathers using surrogacy take reported similar experiences to those of other couples' who have used surrogacy, including their relationship with both their child and their surrogate.[28]

A study has followed a cohort of 32 surrogacy, 32 egg donation, and 54 natural conception families through to age seven, reporting the bear upon of surrogacy on the families and children at ages one,[29] two,[30] and seven.[31] At age one, parents through surrogacy showed greater psychological well-being and accommodation to parenthood than those who conceived naturally; at that place were no differences in baby temperament. At age two, parents through surrogacy showed more positive female parent–child relationships and less parenting stress on the office of fathers than their natural conception counterparts; at that place were no differences in child development between these two groups. At age seven, the surrogacy and egg donation families showed less positive mother–kid interaction than the natural formulation families, but there were no differences in maternal positive or negative attitudes or kid adjustment. The researchers concluded that the surrogacy families connected to function well.

Legal bug [edit]

The legality of surrogacy varies around the world. Many countries do non have laws which specifically deal with surrogacy. Some countries ban surrogacy outright, while others ban commercial surrogacy simply permit altruistic surrogacy (in which the surrogate is not financially compensated). Some countries allow commercial surrogacy, with few restrictions. Some jurisdictions extend a ban on surrogacy to international surrogacy. In some jurisdictions rules applicable to adoptions use while others do not regulate the practise.

The US, Ukraine, Russia and Georgia have the most liberal laws in the earth, assuasive commercial surrogacy, including for foreigners.[32] Several Asian countries used to have liberal laws, but the practise has since been restricted. In 2013, Thailand banned commercial surrogacy, and restricted altruistic surrogacy to Thai couples.[33] In 2016, Cambodia likewise banned commercial surrogacy.[33] Nepal, Mexico, and India take likewise recently banned foreign commercial surrogacy.[34] Surrogacy is legal and common in Iran, and monetary remuneration is practiced and allowed by religious authorities.[35] [36]

Laws dealing with surrogacy must deal with:

  • Enforceability of surrogacy agreements. In some jurisdictions, they are void or prohibited, and some jurisdictions distinguish between commercial and altruistic surrogacy.
  • The different issues raised by traditional and gestational surrogacy.
  • Mechanisms for the legal recognition of the intended parents as the legal parents, either by pre-birth orders or by post-birth adoption.

Although laws differ widely from ane jurisdiction to another, some generalizations are possible:[ citation needed ]

The historical legal assumption has been that the woman giving birth to a child is that child'southward legal female parent, and the merely way for another woman to be recognized as the female parent is through adoption (usually requiring the nascency mother'southward formal abandonment of parental rights).

Fifty-fifty in jurisdictions that do not recognize surrogacy arrangements, if the potential adoptive parents and the birth mother proceed without any intervention from the government and do not change their mind forth the way, they will likely exist able to accomplish the furnishings of surrogacy by having the gestational carrier requite birth and so requite the child up for private adoption to the intended parents.

If the jurisdiction specifically bans surrogacy, still, and authorities find out nigh the organisation, there may be financial and legal consequences for the parties involved. One jurisdiction (Quebec) prevented the genetic mother's adoption of the child even though that left the child with no legal mother.[37]

Some jurisdictions specifically prohibit only commercial and non altruistic surrogacy. Fifty-fifty jurisdictions that do non prohibit surrogacy may dominion that surrogacy contracts (commercial, altruistic, or both) are void. If the contract is either prohibited or void, and so there is no recourse if one party to the agreement has a change of centre: if a surrogate changes her mind and decides to continue the child, the intended mother has no merits to the child fifty-fifty if it is her genetic offspring, and the couple cannot become back whatever coin they may take paid the surrogate; if the intended parents modify their heed and do non desire the kid after all, the surrogate cannot get any money to make up for the expenses, or any promised payment, and she volition exist left with legal custody of the child.

Jurisdictions that permit surrogacy sometimes offer a way for the intended mother, especially if she is likewise the genetic mother, to be recognized equally the legal mother without going through the process of abandonment and adoption. Oft this is via a birth guild[38] in which a courtroom rules on the legal parentage of a child. These orders usually require the consent of all parties involved, sometimes fifty-fifty including the husband of a married gestational surrogate. Most jurisdictions provide for only a post-nascence guild, ofttimes out of an unwillingness to force the gestational carrier to give up parental rights if she changes her heed afterward the birth.

A few jurisdictions practice provide for pre-nascence orders, more often than not but in cases when the gestational carrier is not genetically related to the expected kid. Some jurisdictions impose other requirements in order to issue birth orders: for example, that the intended parents be heterosexual and married to ane another. Jurisdictions that provide for pre-birth orders are besides more probable to provide for some kind of enforcement of surrogacy contracts.

Citizenship [edit]

The citizenship and legal status of the children resulting from surrogacy arrangements can exist problematic. The Hague Conference Permanent Bureau identified the question of citizenship of these children as a "pressing problem" in the Permanent Bureau 2014 Study (Hague Conference Permanent Bureau, 2014a: 84–94).[39] [40] According to U.S. Department of State, Bureau of Consular Diplomacy, for a child born abroad to be a U.Due south. denizen i or both of the kid'southward genetic parents must be a U.Southward. citizen. In other words, the only style for a foreign born surrogate child to larn U.S. citizenship automatically at nascence is if they are the biological child of a U.S. citizen. Furthermore, in some countries, the kid will not exist a citizen of the land in which they are built-in considering the gestational carrier is not legally the parent of said child. This could result in a child existence born without citizenship.[41]

Ethical issues [edit]

Numerous ethical questions have been raised with regards to surrogacy. They generally stalk from concerns relating to social justice, women's rights, child welfare, and bioethics.[ citation needed ]

Gestational carrier [edit]

Those who view surrogacy equally a social justice outcome argue that information technology leads to the exploitation of women in developing countries whose wombs are commodified to come across the reproductive needs of the more than affluent.[42] [43] [44] [45] [46] While opponents of this stance argue that surrogacy provides a much-needed source of revenue for women facing poverty in developing countries, others purport that the lack of legislation in such countries oft leads to much of the profit accruing to middlemen and commercial agencies rather than the gestational carriers themselves.[42] [43] It has been argued that under laws of countries where surrogacy falls nether the umbrella of adoption, commercial surrogacy can be considered problematic as payment for adoption is unethical, but not paying a gestational carrier for her service is a form of exploitation.[47] Both opponents and supporters of surrogacy accept agreed that implementing international laws on surrogacy can limit the social justice problems that gestational carriers confront in transnational surrogacy.[48]

Regarding to the psychological care of the female parent, surrogacy implies a psychological detachment on the part of pregnant mothers. The importance of the bonds that are created betwixt female parent and child during pregnancy, and part in the correct development of the child, has been studied and highlighted. This is an of import upstanding upshot that is often ignored, but scientists studying the ethics of surrogacy work to highlight this issue.

Other human rights activists express concern over the weather under which gestational carriers are kept by surrogacy clinics which exercise much ability and control over the process of surrogate pregnancy.[42] [43] Isolated from friends and family unit and required to live in divide surrogacy hostels on the pretext of ensuring consistent prenatal care, it is argued that gestational carriers may face psychological challenges that cannot be offset by the (limited) economic benefits of surrogacy.[42] [43] Other psychological issues are noted, such as the implications of gestational carriers emotionally detaching themselves from their babies in anticipation of birth departure.[44]

The relevance of a adult female'south consent in judging the upstanding acceptability of surrogacy is another point of controversy within human rights circles. While some agree that any consensual process is not a homo rights violation, other homo rights activists debate that homo rights are not just most survival but virtually human dignity and respect.[46] Thus, decisions cannot be defined as involving agency if they are driven by compulsion, violence, or extreme poverty, which is often the example with women in developing countries who pursue surrogacy due to economic need or aggressive persuasion from their husbands.[42] [43] [44] [46] On the other end of the spectrum, it has been argued that bans on surrogacy are violations of human being rights nether the existing laws of the Inter-American Court of Human Rights reproductive rights landmark.[49]

Some feminists have also argued that surrogacy is an set on to a woman's dignity and right to autonomy over her body.[44] [45] [46] Past degrading impoverished women to the mere status of "babe producers", commercial surrogacy has been accused by feminists of commodifying women's bodies in a way akin to prostitution.[44] Some feminists too express concerns over links between surrogacy and patriarchal expressions of domination as numerous reports accept been cited of women in developing countries coerced into commercial surrogacy by their husbands wanting to "earn money off of their wives' bodies".[44]

Supporters of surrogacy have argued to mandate education of gestational carriers regarding their rights and risks through the process in order to both rectify the ethical issues that ascend and to heighten their autonomy.[50]

Child [edit]

Those concerned with the rights of the child in the context of surrogacy reference issues related to identity and parenthood, abandonment and abuse, and child trafficking.

It is argued that in commercial surrogacy, the rights of the kid are frequently neglected every bit the babe becomes a mere commodity within an economical transaction of a expert and a service.[51] Such opponents of surrogacy argue that transferring the duties of parenthood from the birthing female parent to a contracting couple denies the kid any claim to its "gestational carrier" and to its biological parents if the egg and/or sperm is/are not that of the contracting parents.[45] In addition, they merits that the kid has no right to information nigh any siblings he or she may have in the latter instance.[45] The relevance of disclosing the employ of surrogacy as an assisted reproductive technique to the kid has also been argued to be important for both health risks and the rights of the child.[52]

Religious issues [edit]

Different religions take different approaches to surrogacy, often related to their stances on assisted reproductive technology in general.

Buddhism [edit]

Buddhist thought is likewise inconclusive on the matter of surrogacy. The prominent belief is that Buddhism totally accepts surrogacy since there are no Buddhist teachings suggesting that infertility treatments or surrogacy are immoral.[53] This stance is further supported by the common conception that serving as a gestational carrier is an expression of compassion and therefore automatically aligns with Buddhist values.[54]

However, numerous Buddhist thinkers accept expressed concerns with certain aspects of surrogacy, hence challenging the contention that surrogacy is ever compatible with Buddhist tradition.[55] [54] I Buddhist perspective on surrogacy arises from the Buddhist conventionalities in reincarnation as a manifestation of karma.[54] According to this view, gestational carrierhood circumvents the workings of karma by interfering with the natural cycle of reincarnation.[54]

Others reference the Buddha directly who purportedly taught that merchandise in sentient beings, including human beings, is not a righteous practise as it virtually always involves exploitation that causes suffering.[56] Susumu Shimazono, professor of Religious Studies at the University of Tokyo, contends in the magazine "Dharma Globe" that surrogacy places the childbearing surrogate in a position of subservience, in which her body becomes a "tool" for some other.[54] Simultaneously, other Buddhist thinkers argue that every bit long equally the primary purpose of existence a gestational carrier is out of compassion instead of profit, information technology is non exploitative and is therefore morally permissible.[56] This further highlights the lack of consensus on surrogacy within the Buddhist community.

Christianity [edit]

Catholicism [edit]

The Catholic Church is by and large opposed to surrogacy which information technology views as immoral and incompatible with Biblical texts surrounding topics of birth, wedlock, and life.[ citation needed ] Paragraph 2376 of the Canon of the Cosmic Church states that: "Techniques that entail the dissociation of married man and wife, by the intrusion of a person other than the couple (donation of sperm or ovum, surrogate uterus), are gravely immoral."[57] Many proponents of this stance express concern that the sanctity of marriage may be compromised by the insertion of a third party into the marriage contract.[58] Additionally, the practice of in vitro fertilisation involved in gestational surrogacy is mostly viewed as morally impermissible due to its removal of human conception from the sacred process of sexual intercourse.[58] Pro-life Catholics as well condemn in vitro fertilisation due to the killing of embryos that accompanies the frequent practice of discarding, freezing, or donating non-implanted eggs to stem cell research.[58] Equally such, the Catholic Church building deems all practices involving in vitro fertilisation, including gestational surrogacy, equally morally problematic.[ citation needed ]

Hinduism [edit]

As Republic of india and other countries with large Hindu populations have go centers for fertility tourism, numerous questions have been raised regarding whether or not surrogacy conflicts with the Hindu faith.[53] While Hindu scholars have non debated the issue extensively, T. C. Anand Kumar, an Indian reproductive biologist, argues that there is no conflict between Hinduism and assisted reproduction.[59] Others have supported this opinion with reference to Hindu mythology, including a story in the Bhagavata Purana which suggests the practice of gestational carrierhood:[53]

Kan(sh) the wicked king of Mathura, had imprisoned his sister Devaki and her husband Vasudeva considering oracles had informed him that her child would be his killer. Every time she delivered a child, he smashed its caput on the floor. He killed six children. When the seventh child was conceived, the gods intervened. They summoned the goddess Yogamaya and had her transfer the fetus from the womb of Devaki to the womb of Rohini (Vasudeva'due south other married woman who lived with her sister Yashoda beyond the river Yamuna, in the village of cowherds at Gokul). Thus the child conceived in one womb was incubated in and delivered through another womb.[53]

Additionally, infertility is often associated with Karma in the Hindu tradition and consequently treated as a pathology to be treated.[sixty] This has led to general acceptance of medical intervention for addressing infertility amongst Hindus.[60]  Every bit such, surrogacy and other scientific methods of assisted reproduction are more often than not supported within the Hindus community.[60] Nonetheless, Hindu women do not commonly utilise surrogacy as an option to treat infertility, despite frequently serving as surrogates for Western commissioning couples.[53] [threescore] When surrogacy is skillful past Hindus, it is more likely to be used within the family circle as opposed to involving bearding donors.[lx]

Islam [edit]

Although the Islamic community has largely outlawed the practice of surrogacy, there remains a modest population of Muslims who contend that the practise of surrogacy does not conflict with Islamic constabulary.[ citation needed ]

The main concerns that Muslims raise with regard to surrogacy relate to issues of adultery and parental lineage.[ citation needed ] Many Muslim groups merits that gestational carrierhood is not permitted under Islamic police force because information technology is akin to zina (adultery) which is strictly prohibited in the Muslim organized religion.[ commendation needed ] This is based on the fact that in gestational surrogacy, the surrogate carries the fertilized egg of someone who is not her legal hubby, thus transgressing the bounds of Allah as stated in the Quran: "Those who baby-sit their private parts except from their spouses…" (Al-Mu'minun 23:five)  "Whosoever goes beyond that are indeed transgressors" (Al-Mu'minun 23:7).[ citation needed ] Additionally, arguments have been raised that surrogacy interferes with the preservation of lineage (hifz al-nasl) which is one of the five universals and objectives of Sharia law.[ citation needed ] For Muslims, the Qur'anic injunction that "their mothers are only those who conceived them and gave nascence to them (waladna hum)" denies the distinction between genetic and gestational mothers, hence complicating notions of lineage inside the context of surrogacy, which are primal to the Muslim religion.[61]

In contrast, a minority of Muslim proponents of surrogacy argue that Islamic law recognizes the preservation of the human being species as one of its principal objectives (maqasid), and allowing married couples to pursue conceiving children is part of this primary objective.[ citation needed ] They too argue that the gestational carrier cannot exist defendant of zina because no sexual intercourse with a non-legal husband is required for her pregnancy.[ citation needed ]Finally, they contend that the lineage of the kid can be traced to the biological parents and hence questions of lineage are easily resolvable.[ citation needed ] They back up this past drawing comparisons between hiring a gestational carrier and hiring a adult female to breast feed one's child which is an adequate practice under Islamic police force.[ citation needed ]

Jainism [edit]

Harinegameshin Transfers Mahavira's Embryo, from a Kalpasutra manuscript, c. 1300–1350, Philadelphia Museum of Art

Jain scholars have not debated the issue of surrogacy extensively. Notwithstanding, the exercise of surrogacy is referenced in the Śvētāmbara tradition of Jainism according to which the embryo of Lord Mahavira was transferred from a Brahmin woman Devananada to the womb of Trishala, the queen of Kshatriya ruler Siddharth, by a divinity named Harinegameshin.[62] This account is not present in Digambara Jain texts, however.

Other sources state that surrogacy is not objectionable in the Jain view as it is seen as a physical performance akin to whatsoever other medical treatment used to care for a bodily deficiency.[63] Nevertheless, some religious concerns related to surrogacy take been raised within the Jain community including the loss of not-implanted embryos, destruction of traditional marriage relationships, and cheating implications of gestational surrogacy.[63]

Judaism [edit]

In general, there is a lack of consensus within the Jewish community on the matter of surrogacy. Jewish scholars and rabbis take long debated this topic, expressing alien views on both sides of the contend.

Those supportive of surrogacy inside the Jewish religion more often than not view it as a morally permissible mode for Jewish women who cannot conceive to fulfill their religious obligations of procreation.[64] [65] Rabbis who favour this opinion often cite Genesis 9:i which commands all Jews to "be fruitful and multiply".[64] In 1988, the Committee on Jewish Law and Standards associated with the Conservative Jewish movement issued formal approval for surrogacy, final that "the mitzvah of parenthood is so smashing that ovum surrogacy is permissible".[64]

Jewish scholars and Rabbis which concord an anti-surrogacy stance often run across information technology as a form of mod slavery wherein women's bodies are exploited and children are commodified.[64] As Jews possess the religious obligation to "actively appoint in the redemption of those who are enslaved", practices seen equally involving human exploitation are morally condemned.[64] This thinking aligns with concerns brought forth by other groups regarding the relation between surrogacy practices and forms of man trafficking in sure countries with large fertility tourism industries. Many Jewish scholars and Rabbis also cite ethical concerns surrounding the "cleaved relationship" between the kid and its surrogate birth mother".[64] Rabbi Immanuel Jacovits, principal rabbi of the United Hebrew Congregation from 1976 to 1991, reported in his 1975 publication Jewish Medical Ethics that "to use some other person every bit an incubator and then take from her the child that she carried and delivered for a fee is a revolting degradation of maternity and an barb to man nobility."[64]

Another point of contention surrounding surrogacy inside the Jewish community is the upshot of defining motherhood. There are generally three conflicting views on this topic: 1) the ovum donor is the mother, 2) the gestational carrier is the mother, and 3) the child has two mothers- both the ovum donor and the gestational carrier.[65] While well-nigh debate that parenthood is determined by the woman giving nascence, a minority opt to consider the genetic parents the legal parents, citing the well-known passage in Sanhedrin 91b of the Talmud which states that life begins at conception.[65] Also controversial is the issue of defining Judaism in the context of surrogacy. Jewish Law states that if a Jewish woman is the surrogate, then the kid is Jewish.[65] Nevertheless, this often raises bug when the child is raised past a non-Jewish family and approaches for addressing this result are likewise widely debated within the Jewish customs.[65]

Fertility tourism [edit]

Some countries, such as the Us, Canada, Greece, Ukraine, Georgia and Russian federation, are pop surrogacy destinations for foreign intended parents. Eligibility, processes and costs differ from country to country. Fertility tourism for surrogacy is driven past legal restrictions in the home country or the incentive of lower prices away. Previously popular destinations, India, Nepal, Thailand, and Mexico take all recently implemented bans on commercial surrogacy for non-residents.[66]

See likewise [edit]

  • Adoption
  • Artificial insemination
  • Bioethics
  • Commercial animal cloning
  • Embryo transfer
  • Fertility
  • Infertility
  • Sperm donation
  • Surrogacy laws by country
  • Tertiary-political party reproduction
  • Egg donation
  • Sexual surrogate

References [edit]

  1. ^ "Using a Surrogate Mother: What You lot Need to Know". WebMD . Retrieved April 6, 2014.
  2. ^ Bhatia, Kalsang; Martindale, Elizabeth A.; Rustamov, Oybek; Nysenbaum, Anthony Yard. (2009). "Surrogate pregnancy: an essential guide for clinicians". The Obstetrician & Gynaecologist. 11 (1): 49–54. doi:10.1576/toag.11.i.49.27468. ISSN 1744-4667.
  3. ^ "Surrogacy: what is it? Different types of surrogacy". VittoriaVita.
  4. ^ Imrie, Susan; Jadva, Vasanti (July 4, 2014). "The long-term experiences of surrogates: relationships and contact with surrogacy families in genetic and gestational surrogacy arrangements". Reproductive BioMedicine Online. 29 (4): 424–435. doi:ten.1016/j.rbmo.2014.06.004. PMID 25131555.
  5. ^ "And Babe Makes 4: for the First Time a Surrogate Bears a Child Genetically Not Her Own". People.com . Retrieved July 29, 2019.
  6. ^ Brinsden, Peter R. (September 1, 2003). "Gestational surrogacy". Homo Reproduction Update. 9 (5): 483–491. doi:10.1093/humupd/dmg033. ISSN 1355-4786. PMID 14640380.
  7. ^ a b Simopoulou, M.; Sfakianoudis, One thousand.; Tsioulou, P.; Rapani, A.; Anifandis, K.; Pantou, A.; Bolaris, S.; Bakas, P.; Deligeoroglou, E. (July 17, 2018). "Risks in Surrogacy Considering the Embryo: From the Preimplantation to the Gestational and Neonatal Period". BioMed Research International. 2018: 6287507. doi:10.1155/2018/6287507. ISSN 2314-6133. PMC6077588. PMID 30112409.
  8. ^ a b Söderström-Anttila, Viveca; Wennerholm, Ulla-Britt; Loft, Anne; Pinborg, Anja; Aittomäki, Kristiina; Romundstad, Liv Bente; Bergh, Christina (March 2016). "Surrogacy: outcomes for surrogate mothers, children and the resulting families-a systematic review". Homo Reproduction Update. 22 (2): 260–276. doi:10.1093/humupd/dmv046. ISSN 1460-2369. PMID 26454266.
  9. ^ a b c d Bergh, Christina; Romundstad, Liv Bente; Aittomäki, Kristiina; Pinborg, Anja; Loft, Anne; Wennerholm, Ulla-Britt; Söderström-Anttila, Viveca (March 1, 2016). "Surrogacy: outcomes for surrogate mothers, children and the resulting families—a systematic review". Human Reproduction Update. 22 (2): 260–276. doi:ten.1093/humupd/dmv046. ISSN 1355-4786. PMID 26454266.
  10. ^ Patel, Nayana Hitesh; Jadeja, Yuvraj Digvijaysingh; Bhadarka, Harsha Karsan; Patel, Molina Niket; Patel, Niket Hitesh; Sodagar, Nilofar Rahematkhan (2018). "Insight into different aspects of surrogacy practices". Journal of Human Reproductive Sciences. 11 (3): 212–218. doi:ten.4103/jhrs.JHRS_138_17. PMC6262674. PMID 30568349.
  11. ^ a b Dar, S.; Lazer, T.; Swanson, S.; Silverman, J.; Wasser, C.; Moskovtsev, S. I.; Sojecki, A.; Librach, C. L. (Dec 17, 2014). "Assisted reproduction involving gestational surrogacy: an assay of the medical, psychosocial and legal issues: experience from a large surrogacy program". Human Reproduction. 30 (ii): 345–352. doi:10.1093/humrep/deu333. ISSN 0268-1161. PMID 25518975.
  12. ^ a b Söderström-Anttila, Viveca; Wennerholm, Ulla-Britt; Loft, Anne; Pinborg, Anja; Aittomäki, Kristiina; Romundstad, Liv Bente; Bergh, Christina (October 9, 2015). "Surrogacy: outcomes for surrogate mothers, children and the resulting families – a systematic review". Homo Reproduction Update. 22 (2): 260–276. doi:10.1093/humupd/dmv046. PMID 26454266.
  13. ^ "What is Surrogacy". Global Star Surrogacy . Retrieved March 16, 2021.
  14. ^ Golombok, Susan; MacCallum, Fiona; Lycett, Emma; Murray, Clare; Jadva, Vasanti (October one, 2003). "Surrogacy: the experiences of surrogate mothers". Human being Reproduction. 18 (10): 2196–2204. doi:10.1093/humrep/deg397. ISSN 0268-1161. PMID 14507844.
  15. ^ Postgate, J.Northward. (1992). Early Mesopotamia Society and Economy at the Dawn of History . Routledge. p. 105. ISBN978-0-415-11032-7.
  16. ^ "Conveying a child for someone else should be celebrated – and paid". The Economist. May 13, 2017.
  17. ^ Merino, Faith (2010). Adoption and Surrogate Pregnancy. New York: Infobase Publishing.
  18. ^ Van Gelder, Lawrence (January 28, 1997). "Noel Keane, 58, Lawyer in Surrogate Mother Cases, Is Dead". The New York Times . Retrieved May 9, 2019.
  19. ^ Johnson, Bonnie (May iv, 1987). "And Babe Makes Four: for the First Time a Surrogate Bears a Child Genetically Not Her Ain". People.com . Retrieved May nine, 2019.
  20. ^ Gewertz, Catherine (October 11, 1990). "Surrogate Confesses Her Secret : Trial: Anna L. Johnson admits cashing check from unborn child's parents after she'd decided to seek custody. She denies telling The Times she didn't feel bonded to baby". Los Angeles Times.
  21. ^ Teman, E. (March 2003). "The medicalization of "nature" in the "artificial trunk": surrogate maternity in Israel". Medical Anthropology Quarterly. 17 (1): 78–98. doi:ten.1525/maq.2003.17.1.78. PMID 12703390.
  22. ^ a b Teman, Elly (2010). Birthing a Female parent: The Surrogate Torso and the Meaning Self. Berkeley: University of California Press.
  23. ^ Van den Akker; Olga B.A. (2007). "Psychological trait and country characteristics, social support and attitudes to the surrogate pregnancy and infant". Human Reproduction. 22 (8): 2287–2295. doi:10.1093/humrep/dem155. PMID 17635845.
  24. ^ Teman, Elly. 2003. scribd.com "Knowing the Surrogate Body in State of israel" in: Rachel Cook and Shelley Mean solar day Schlater (eds.), Surrogate Motherhood: International Perspectives. London: Hart Printing. pp. 261–280.
  25. ^ Ragone, Helena (1994). Surrogate Maternity: Conception in the Heart. Westview Books.
  26. ^ Ciccarelli, Janice; Beckman, Linda (March 2005). "Navigating Crude Waters: An Overview of Psychological Aspects of Surrogacy". Journal of Social Problems. 61 (1): 21–43. doi:ten.1111/j.0022-4537.2005.00392.ten. PMID 17073022.
  27. ^ a b Bergh, Christina; Romundstad, Liv Bente; Aittomäki, Kristiina; Pinborg, Anja; Loft, Anne; Wennerholm, Ulla-Britt; Söderström-Anttila, Viveca (March ane, 2016). "Surrogacy: outcomes for surrogate mothers, children and the resulting families – a systematic review". Man Reproduction Update. 22 (2): 260–276. doi:10.1093/humupd/dmv046. ISSN 1355-4786. PMID 26454266.
  28. ^ Golombok, Susan; Ehrhardt, Anke A.; Raffanello, Elizabeth; Slutsky, Jenna; Carone, Nicola; Blake, Lucy (November 1, 2016). "Gay father surrogacy families: relationships with surrogates and egg donors and parental disclosure of children'south origins". Fertility and Sterility. 106 (half-dozen): 1503–1509. doi:10.1016/j.fertnstert.2016.08.013. ISSN 0015-0282. PMC5090043. PMID 27565261.
  29. ^ Golombok, S.; Murray, C.; Jadva, Five.; MacCallum, F.; Lycett, E. (May 2004). "Families created through surrogacy arrangements: parent-child relationships in the 1st year of life". Developmental Psychology. 40 (3): 400–411. doi:10.1037/0012-1649.40.iii.400. PMID 15122966.
  30. ^ Golombok, Susan; MacCallum, Fiona; Murray, Clare; Lycett, Emma; Jadva, Vasanti (February 2006). "Surrogacy families: parental performance, parent-kid relationships and children'south psychological evolution at age 2". Periodical of Child Psychology and Psychiatry, and Centrolineal Disciplines. 47 (2): 213–222. doi:ten.1111/j.1469-7610.2005.01453.x. ISSN 0021-9630. PMID 16423152.
  31. ^ Golombok Susan; Readings Jennifer; Blake Lucy; Casey Polly; Marks Alex; Jadva Vasanti (2011). "Families created through surrogacy: Mother–child relationships and children'southward psychological adjustment at age 7". Developmental Psychology. 47 (six): 1579–1588. doi:x.1037/a0025292. PMC3210890. PMID 21895360.
  32. ^ Ponniah, Kevin (February 13, 2018). "The corner of Europe where women rent out their wombs". BBC News.
  33. ^ a b Caput, Jonathan (Feb 26, 2018). "Thai 'baby manufacturing plant' saga reaches uneasy end". BBC News.
  34. ^ Perasso, Valeria (December 4, 2018). "'I gave birth but information technology's not my baby'". BBC News.
  35. ^ Aramesh, K (May 2009). "Islamic republic of iran's experience with surrogate motherhood: an Islamic view and ethical concerns". Periodical of Medical Ethics. 35 (5): 320–322. doi:x.1136/jme.2008.027763. PMID 19407039. S2CID 206995988.
  36. ^ "Infertile Couples in Islamic republic of iran Find New Promise in Surrogacy". April 25, 2017.
  37. ^ Baudouin, Christine. ""Surrogacy in Quebec: First Legal Test". Canadian Fertility and Andrology Order.
  38. ^ Bognar, Tara (November 28, 2011). "Birth Orders: An Overview" Archived April 23, 2012, at the Wayback Automobile. Retrieved December 13, 2011.
  39. ^ "The private international law issues surrounding the status of children, including bug arising from international surrogacy arrangements – 2011–2013". hcch.internet. Archived from the original on Nov 4, 2013.
  40. ^ Beeson, Diane; Darnovsky, Marcy (December 31, 2014). "RePub, Erasmus University Repository: Global surrogacy practices". ISS Working Newspaper Series / General Series. repub.eur.nl. 601: ane–54.
  41. ^ "Of import Data for U.Southward. Citizens Considering the Employ of Assisted Reproductive Technology (Fine art) Abroad". travel.state.gov. Archived from the original on September 7, 2015.
  42. ^ a b c d e Barn, Gulzaar; Marway, Herjeet. "Surrogacy laws: why a global approach is needed to end exploitation of women". The Conversation . Retrieved March 27, 2019.
  43. ^ a b c d e Saxena, Pikee; Mishra, Archana; Malik, Sonia (2012). "Surrogacy: Ethical and Legal Issues". Indian Periodical of Community Medicine. 37 (4): 211–213. doi:10.4103/0970-0218.103466. ISSN 0970-0218. PMC3531011. PMID 23293432.
  44. ^ a b c d east f Anu; Kumar, Pawan; Inder, Deep; Sharma, Nandini (April 2013). "Surrogacy and women's right to health in Bharat: issues and perspective". Indian Periodical of Public Health. 57 (ii): 65–70. doi:10.4103/0019-557X.114984. ISSN 0019-557X. PMID 23873191.
  45. ^ a b c d "Surrogacy". The Center for Bioethics and Culture . Retrieved March 27, 2019.
  46. ^ a b c d "Surrogacy: Erasing the Mother". Off-white Observer. January 9, 2019. Retrieved March 27, 2019.
  47. ^ van Zyl, Liezl; Walker, Ruth (September 1, 2015). "Surrogacy, Compensation, and Legal Parentage: Against the Adoption Model". Periodical of Bioethical Inquiry. 12 (3): 383–387. doi:10.1007/s11673-015-9646-4. ISSN 1872-4353. PMID 26133892. S2CID 30324997.
  48. ^ Ramskold, Louise Anna Helena; Posner, Marcus Paul (2013). "Commercial surrogacy: how provisions of budgetary remuneration and powers of international police can prevent exploitation of gestational surrogates". Journal of Medical Ethics. 39 (6): 397–402. doi:10.1136/medethics-2012-100527. ISSN 0306-6800. JSTOR 43282765. PMID 23443211. S2CID 24400855.
  49. ^ Hevia, Martín (August one, 2018). "Surrogacy, privacy, and the American Convention on Human Rights". Journal of Law and the Biosciences. 5 (2): 375–397. doi:10.1093/jlb/lsy013. PMC6121059. PMID 30191070.
  50. ^ Damelio, Jennifer; Sorensen, Kelly (2008). "Enhancing Autonomy in Paid Surrogacy". Bioethics. 22 (5): 269–277. doi:10.1111/j.1467-8519.2008.00629.ten. ISSN 1467-8519. PMID 18447862. S2CID 23449395.
  51. ^ Schurr, Carolin; Militz, Elisabeth (April 16, 2018). "The affective economy of transnational surrogacy". Surroundings and Planning A: Economy and Space. 50 (viii): 1626–1645. doi:10.1177/0308518x18769652. ISSN 0308-518X.
  52. ^ Morsan, Valentina; Gronchi, Giorgio; Zanchettin, Liviana; Tallandini, Maria Anna (June i, 2016). "Parental disclosure of assisted reproductive technology (ART) conception to their children: a systematic and meta-analytic review". Human Reproduction. 31 (6): 1275–1287. doi:10.1093/humrep/dew068. ISSN 0268-1161. PMID 27067509.
  53. ^ a b c d e keyadutta (June half dozen, 2016). "Surrogacy and Hindu mythology". herencyclopedia. Archived from the original on June 7, 2016. Retrieved March 15, 2019. {{cite web}}: CS1 maint: unfit URL (link)
  54. ^ a b c d due east "Buddhist Behavior Most Surrogate Mothers | Synonym". classroom.synonym.com . Retrieved March xvi, 2019.
  55. ^ Damnoen, Somchai. "Buddhist Ideals and Surrogacy Problem of Thai Society". Soshum: Jurnal Sosial dan Humaniora. doi:10.31940/soshum.v9i1.1267. SSRN 3013964.
  56. ^ a b "The Daily Enlightenment » Is Surrogacy Right In Buddhism?". Retrieved March 16, 2019.
  57. ^ "Paragraph 2376". Catechism of the Catholic Church.
  58. ^ a b c Pope, Msgr Charles (June 19, 2013). "Why the Church building Opposes Surrogate Motherhood and attempts to legalize it in The Commune of Columbia". Customs in Mission . Retrieved March 14, 2019.
  59. ^ Kumar, TC Anand (2007). "Ethical aspects of assisted reproduction – an Indian viewpoint". Reproductive BioMedicine Online. 14 (Suppl i): 140–142. doi:10.1016/S1472-6483(10)60748-1.
  60. ^ a b c d e "Hinduism's View on Infertility". www.beliefnet.com . Retrieved March xv, 2019.
  61. ^ "Religion, Culture and Religious Discrimination", Religious Discrimination and Cultural Context, Cambridge Academy Press, 2017, pp. 46–78, doi:ten.1017/9781108394871.003, ISBN9781108394871
  62. ^ "Harinegameshin Transfers Mahavira'due south Embryo". Philadelphia Museum of Fine art.
  63. ^ a b Kachhara, N.L. (Feb 2017). "Some Bioethical Issues in Jain Perspective" (PDF). National Seminar on Engaging Jainism on Modern Bug, Ladnun, February 2017.
  64. ^ a b c d e f 1000 Spikebrennan. "Jewish ethics and surrogacy – Jewish Independent". Retrieved March 14, 2019.
  65. ^ a b c d e Golinkin, David (December 18, 2012). "What does Jewish Law Take to Say well-nigh Surrogacy?". The Schechter Institutes . Retrieved March 14, 2019.
  66. ^ "How Canada became an international surrogacy destination". The Earth and Postal service . Retrieved March 27, 2019.

Further reading [edit]

  • Teman, Elly (March, 2010). "Birthing a Female parent: The Surrogate Torso and the Pregnant Cocky". Berkeley: University of California Press.
  • Siegel-Itzkovich, Judy (April 3, 2010). "Womb to Permit". The Jerusalem Mail.
  • Li, Shan (February 18, 2012). "Chinese Couples Come to U.South. to Have Children Through Surrogacy". Los Angeles Times.

External links [edit]

  • "Surrogacy", Improve Wellness Aqueduct, State Regime of Victoria, Commonwealth of australia

trujilloanyinquity.blogspot.com

Source: https://en.wikipedia.org/wiki/Surrogacy

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