Surrogate Motherhood: Politics and Privacy

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Lawrence O. Gostin
Indiana University Press, 1990 M05 22 - 384 páginas

"... glimpses of intriguing changes in social arrangements and cultural understandings in relation to surrogacy. Disturbing motherhood indeed." -- New Scientist

"Larry Gostin has put together the definitive collection of essays on one of the most perplexing and titillating topics in contemporary medical ethics. This book includes contributions from some of the leading scholars on the legal, ethical, and social aspects of surrogacy, as well as several critical perspectives on the famous Baby M case -- must reading for understanding the surrogate motherhood controversy." -- Robert M. Veatch

"Highly recommended... " -- Choice

"... a valuable resource for those concerned with an exceedingly difficult ethical, legal, and political problem."Â -- Ethics

"There is a wealth of information here on the current 'status questionis' in the United States, and anyone involved in the surrogacy debate, in the U.S. or otherwise, will find working through this material very worthwhile." -- Canadian Philosophical Review

"... an excellent sample of some of the best and most varied thinking so far on the numerous conceptual, moral, social, and policy questions raised by contract motherhood." -- The Journal of Clinical Ethics

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Contenido

A Civil Liberties Analysis of Surrogacy Arrangements
3
Procreative Liberty and the States Burden of Proof
24
Fairy Tales Surrogate Mothers Tell
43
Choosing Family Law over Contract Law as a Paradigm
59
Surrogate Motherhood and the Best Interests of Children
77
Legislative Approaches to Surrogate Motherhood
88
Surrogate Motherhood as Prenatal Adoption
123
Is There Anything wrong with Surrogate Motherhood?
136
A Preferred Treatment for Infertility?
221
Loves Labor Lost
233
A Comment
243
Appendix I
253
Appendix II
261
Appendix III
270
Appendix IV
293
Appendix V
338

Biology Freedom
151
The Challenge for Feminists
167
An Essay on Surrogacy and Feminist Thought
183
Contributors
356
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Página 70 - If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.
Página 113 - Putting aside the issue of how compelling her need for money may have been, and how significant her understanding of the consequences, we suggest that her consent is irrelevant. There are, in a civilized society, some things that money cannot buy. In America, we decided long ago that merely because conduct purchased by money was "voluntary" did not mean that it was good or beyond regulation and prohibition.
Página 257 - There are, in short, values that society deems more important than granting to wealth whatever it can buy, be it labor, love, or life (citations omitted) (21).
Página 34 - To assert that Mr. Stern's right of procreation gives him the right to the custody of Baby M would be to assert that Mrs. Whitehead's right of procreation does not give her the right to the custody of Baby M...
Página 256 - Worst of all, however, is the contract's total disregard of the best interests of the child. There is not the slightest suggestion that any inquiry will be made at any time to determine the fitness of the Sterns as custodial parents, of Mrs. Stern as an adoptive parent, their superiority to Mrs. Whitehead, or the effect on the child of not living with her natural mother. This is the sale of a child, or, at the very least, the sale of a mother's right to her child, the only mitigating factor being...
Página 76 - This means, on the other hand, that, for the period of pregnancy prior to this "compelling" point, the attending physician, in consultation with his patient, is free to determine, without regulation by the State, that in his medical judgment the patient's pregnancy should be terminated. If that decision is reached, the judgment may be effectuated by an abortion free of interference by the State. With respect to the State's important and legitimate interest in potential life, the "compelling
Página 260 - Conclusion This case affords some insight into a new reproductive arrangement: the artificial insemination of a surrogate mother. The unfortunate events that have unfolded illustrate that its unregulated use can bring suffering to all involved. Potential victims include the surrogate mother and her family, the natural father and his wife, and most importantly, the child. Although surrogacy has apparently provided positive results for some infertile couples, it can also, as this case demonstrates,...
Página 257 - ... maternal fitness; and it does all of this, it accomplishes all of its goals, through the use of money. Beyond that is the potential degradation of some women that may result from this arrangement. In many cases, of course, surrogacy may bring satisfaction, not only to the infertile couple, but to the surrogate mother herself. The fact, however, that many women may not perceive surrogacy negatively but rather see it as an opportunity does not diminish its potential for devastation to other women.
Página 258 - Custody Having decided that the surrogacy contract is illegal and unenforceable, we now must decide the custody question without regard to the provisions of the surrogacy contract that would give Mr. Stern sole and permanent custody.

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