The Medical Concerns Surrounding Surrogacy Discussion Paper
The Journal solicits from you an analysis of the renowned legal opinion and an elaboration of the medical, ethical and legal concerns that endeavor to shape a national consensus. Please prepare an overview of past, present and anticipated surrogacy practices that will inform and authenticate your conclusions.
Surrogacy, whether traditional, genetic, or gestational, has become an increasingly popular method of family building. Traditional surrogacy involves the surrogate mother contributing her own egg, while gestational surrogacy involves the implantation of an embryo created through in vitro fertilization using the intended parents’ or donors’ gametes. Genetic surrogacy is a form of gestational surrogacy that involves the use of a donor egg.
The use of surrogacy has sparked medical, ethical, and legal concerns, with debates surrounding issues such as the exploitation of surrogate mothers, the commodification of children, and the regulation of the surrogacy industry. In the United States, surrogacy laws vary by state, with some states allowing commercial surrogacy while others only permit altruistic surrogacy.
The landmark “Baby M” case, which occurred in the 1980s, involved a traditional surrogacy arrangement that resulted in a legal battle over custody of the child. The case raised questions about the legal rights of surrogate mothers and the best interests of the child.
Currently, 15 states in the United States allow some form of surrogacy, with California being one of the most liberal states in terms of surrogacy laws. However, there is still a lack of uniformity in surrogacy laws across the country, which can create legal uncertainties for intended parents and surrogates.
In terms of the medical concerns surrounding surrogacy, there are potential risks to the surrogate mother, such as complications during pregnancy and childbirth, as well as the psychological impact of carrying a child for someone else. There are also ethical considerations around the use of reproductive technologies, such as the commodification of gametes and embryos and the potential for discrimination against individuals who cannot afford surrogacy services.
In conclusion, surrogacy is a complex and multifaceted issue that raises medical, ethical, and legal concerns. While the practice of surrogacy is becoming increasingly accepted, there is still a need for greater regulation and consistency in surrogacy laws across the United States. It is important for policymakers and healthcare professionals to consider the potential risks and benefits of surrogacy, and to work towards creating a national consensus on the use and regulation of surrogacy. The Medical Concerns Surrounding Surrogacy Discussion Paper