RCL University HSO4001: Ethical and Legal Surrogacy Presentation

This presentation addresses the ethical and legal issues surrounding surrogacy. It begins by introducing the subject and highlighting its growing popularity and associated ethical concerns, including exploitation of women, commodification of children, and parental rights. The presentation then delves into relevant ethical theories like naturalism, principlism, and virtue ethics, analyzing their application to surrogacy practices. It examines the Surrogacy Arrangements Act 1985 in the UK, discussing its guiding principles and the importance of non-profit making arrangements. A real-life case, H vs S (2015), is presented to illustrate ethical dilemmas. The presentation concludes by emphasizing the need for ethical considerations and the complexities of surrogacy, and suggests the use of the virtualism theory to resolve ethical disputes.

THE BEGINNING OF LIFE SURROGACY
part 2

Introduction of subject
 As we all know that in today's modern world, surrogacy is becoming so popular as people
are more likely to use new technology as a main key to enjoy their parenthood.
 But with the increase in this medical and scientific practise there are some major ethical
issues which must needs to be taken into consideration.
 Surrogacy is the hot topic as it is a complex process. The current presentation will be based
on ethical issues, polices and legislation related to surrogacy.
 The study will highlight ethical code of conduct in relation to beliefs and rights. In addition
to this, it will apply problem solving skills which the help of theories.

Ethical importance or interest of the issue
 Over the time, surrogacy is becoming so often in the nation, people are more likely to
use this facility to kick off a new life.
 With the hyper practise of this scientific branch there are some ethical issues are also taking
place.
 With the progress of time surrogacy is making strong status in the society.
 As the data is suggesting in the year 2011 it was around 117 which jumped to 413 in the year
2020 as per the report published by Kent University.
 So escalated use of medical branch is augmenting ethical concerns.

Continued…
 Some concerns had been experienced for instance- for money girls are repeatedly
becoming surrogacy mother which is creating threats to their health, people are paying
more.
 since it is becoming difficult to arrange such contractual mother, after gestation period
what if surrogate mother desires to keep the child, commoditization of child, exploitation
of women rights, parenthood related issues, rights of such kid, commoditization of women
body, devastation of poor women etc. are some of the most burning ethical issues.

Continued…
 Surrogacy Arrangements Act 1985 of UK is having guiding principles about
surrogacy.
 Different sections of the act such as section 2 and section 3 are broadly
discussing offences yet it is being seen people practising surrogacy without
abiding with the legitimation.

Ethical theories related to the issue
 The fact can not be denied that surrogacy is now underperforming in
term of ethical practise.
 Naturalism theory of ethics supports the logic that the natural world should not be
affected, human nature, human practises, human society must be governed with the
natural rules.
 It believes that all actions are right if they are pouring out happiness, pleasure etc.
 if a woman is tended to be surrogate mother and due to her circumstances such as
poverty and strong need of money despite being concerned about health.

Continued…
 In healthcare sector Principlism theory of ethics is so often to be used. As per the views
of the theory in biomedical process and healthcare non-maleficence, justice, autonomy,
beneficence elements must be taken into consideration.
 Autonomy is the most essential principle of Principlism theory which says that while
practising medical process the autonomy factor must be ensured.

Continued…
 Virtue ethics is the theory which supports the idea that such actions can be called right and
ethical if it can be substantiated that the same actions would have been taken by a virtuous
person in the same circumstances.
 . The practises like arranging surrogate mother for money, for eradicating poverty
becoming surrogate mother multiple times such actions are not justifiable so in such cases
a virtuous person would never make such decision.

Synergy between law and ethical theories
 The government is quite conscious about the surrogacy practise in the nation that's
the reason they have laid down well-articulated laws for surrogacy.
 The government has introduced Surrogacy Arrangements Act 1985.
 To keep this morality alive, the provision was made in the act, section 7A which is describing
“Non-Profit making body” which means that the person who is coming in the contract to offer
its body for surrogacy would not be carrying out it for profit.

Continued…
 The human body is having its natural aspects so it was seriously articulated in the laws
that such body would not be commercialized for the purpose of surrogacy.
 The women who is offering her body must not have any commercial purpose and using
body constantly for popping out kids and making money.
 Any form of consideration can be paid to such mother but in term of commercialization
it is utterly unacceptable.

Real life case
 There are some real life instances too. In H vs S case 2015 it was found that both
representatives had same sex, they wanted custody so justice Ms Russell it would be in the
best interest of the girl to be with her biological father rather than mother.
 The court said that the best interest of a child will be fulfilled if it is being lived in happy
and tranquil environment so it must be handed in to its biological father and its partner.

Continued…
 In different circumstances where ethical dilemma appears such as in case whom should be
given the charge of child. Its biological parents or the surrogate mother and her family, with
this respect it is essential to come up with such notion which can sort out such dispute and
serve the best interest of ethical practise.
 In this ethical dilemma the virtualism theory can be used in order to eradicate confusion and
bring the best practise to citizens.