Surrogacy as a Social Phenomenon: Ethical, Legal, and Moral Analysis

This essay examines surrogacy as a multifaceted social phenomenon, deeply intertwined with ethical, legal, and moral considerations. It begins by defining surrogacy, differentiating between traditional and gestational methods, and highlighting the societal provocations it elicits. The core of the discussion revolves around the ethical dilemmas, particularly concerning the rights of surrogate mothers, including the contentious debate over their right to choose whether to relinquish the child. The essay also addresses the economic aspects, such as commercial surrogacy, and its implications, especially the concerns about wealthy couples paying for babies. Furthermore, it underscores the varying legal landscapes surrounding surrogacy in different regions and emphasizes the need for careful governmental attention to resolve the complex moral and legal challenges it presents. This analysis sheds light on the intricate dynamics involved in surrogacy, offering insights into the perspectives of surrogate mothers, intended parents, and the children born through this process.

0SURROGACY AS A SOCIAL PHENOMENON
SURROGACY AS A SOCIAL PHENOMENON
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1SURROGACY AS A SOCIAL PHENOMENON
Reproduction is considered as one of the natural human function. The people ought to
give birth to the humankind to exist. However, due to various reasons and physical inability,
many of the families are unable to produce children. Despite a great deal of progress in the
medical field, many of the problems regarding infertility are not resolved and many of the
couples are not able to have conceived the baby. In many such cases, surrogacy is considered as
one of the primary ways out option. The paper below discusses the term surrogacy and how they
are affected concerning the ethical theory list.
Surrogacy (Storrow, 2015) usually refers to the process of using and hiring a fertile
woman who is ready to become impregnated. The process usually takes place under a legal
contract where the conception takes place through donor insemination and post-birth the baby is
transferred to the infant’s biological father and his wife. The woman who is acting as the carrier
of the surrogate baby is referred to as the surrogate mother. Usually, the surrogate mothers can
be anyone who had volunteered for carrying the baby. The process can be differentiated into two
types of surrogacy, traditional and gestational surrogacy (Kapfhamer & Van Voorhis, 2016).
The main problem that arises with surrogacy includes a lot of provocation, which comes
from society. A lot number of questions that include moral, ethical (Twine, 2015) and legal parts
are not found to be resolved. The opponents in this matter are mainly concerned with the rights
provided to the surrogate mothers. There is a considerable debate on the fact that a surrogate
mother should be given the right to have the choice whether to grant the baby to the intended
parent, provided she had a change of mind. Advocates also are found to stand against the rules of
the government regarding surrogacy. Vast stands have been followed against the prohibition of
surrogacy. They are insisting that surrogacy is entirely an individual choice and that
compensations need to be allowed for the particular act. Either of the sides is mainly concerned

2SURROGACY AS A SOCIAL PHENOMENON
about the interest of the child, who is born by the surrogate. Surrogacy is considered as one of
the most complicated issues and primarily deals with a massive level of problems. The effects
mainly are seen to arise when the surrogate mothers have a change of mind and have a desire to
keep the child.
The ethical side of surrogacy (Ekberg. 2014) mainly deals with the paying of the
surrogate mother post delivering the baby. The mothers are usually paid for their services and
there is a contract that keeps a tab on the proceedings. Huge arguments based on wealthy couples
paying for their babies are mainly raised. However, commercial surrogacy or paying the
surrogate is legal in the US but it raises many disputes in the society. The payment is
compensated (Field, 2014) mainly depends on the complexity of the pregnancy.
Surrogacy is one of the most complicated and controversial issues in recent times. A
considerable number of opponents are against the idea of childbearing and state that the
particular method can become the cause of trauma for the surrogate, the intended parents along
with the child who is born from the surrogacy. Surrogacy legislation has been observed to be
different in various parts of US and the government need to pay special attention to the multiple
issues that raise through surrogacy and help in resolving the complicated legal and the moral
problems.

3SURROGACY AS A SOCIAL PHENOMENON
References:
Ekberg, M. E. (2014). Ethical, legal and social issues to consider when designing a surrogacy
law. Journal of law and medicine, 21(3), 728-738.
Field, M. A. (2014). Compensated surrogacy. Wash. L., Rev., 89, 1155.
Kapfhamer, J., & Van Voorhis, B. (2016). Gestational surrogacy: a call for safer
practice. Fertility and sterility, 106(2), 270-271.
Storrow, R. F. (2015). Surrogacy: American Style. Surrogacy, Law and Human Rights, Paula
Gerber and Katie O'Byrne, eds., Ashgate Publishing.
Twine, F. W. (2015). Outsourcing the womb: Race, class and gestational surrogacy in a global
market. Routledge.