Topic > The Case for Commercial Surrogacy - 1527

Surrogacy is a scientific alternative to women's natural ability to procreate. It has turned into an attractive substitute for new couples due to adoption issues, fertility issues, or high pregnancy risks. However, many still question the effectiveness of surrogacy as an alternative to natural reproduction. Supporters cite the benefit of providing couples with offspring. In fact, commercial surrogacy is considered mutually beneficial; the surrogate mother earns money while a child is donated to the other contracting party. On the other hand, those who are against see surrogacy as an approach that reinforces the devaluation or dehumanization of both the offspring and the woman who provides her womb. I believe that commercial surrogacy contracts should not be enforced and be declared illegal due to the following reasons. First, the subject matter of this contract is a controversial issue; and, secondly, the terms of that contract are contrary to public policy. According to article 1305 of the civil code, "A contract is a meeting of intentions between two people by which one undertakes, with respect to the other, to give something or to render some service". In addition to this, article 1318 establishes emphasis on the requirements for a contract to take place: “(1) the consent of the contracting parties; (2) specific object constituting the object of the contract; and (3) cause of the obligation established.” The usual arrangement in commercial surrogacy involves an agreement, commonly by contract, for the surrogate mother to be “artificially inseminated with the sperm of the husband of the infertile couple, to carry the pregnancy of the fetus to term and to relinquish parental rights at birth.” in exchange for money. It can be said that in c...... half of the paper ......refers to the twenty-first century. Ed. John M. Eekelaar and Petar Sarcevic. Dordrecht: Martinus Nijhoff Publishers, 1993. 135-144.Macklin, Ruth. “Is there anything wrong with surrogacy?” Surrogacy: politics and privacy. and. Larry Gostin and Lawrence Gostin. Bloomington and Indianapolis: Indiana University Press, 1990. 136-150. Markens, Susan. Surrogacy and the politics of reproduction. Los Angeles:University of California Press, 2007.Posner, Richard. “The ethics and economics of enforcing surrogacy contracts.” Applications of feminist legal theory to women's lives: sex, violence, work and reproduction. Ed. Kelly Weisberg. Philadelphia: Temple University Press, 1996. 1105-1111.Recht, Steven. ““M” Stands for Money: Baby M and the Surrogacy Controversy.” American University Law Review 37 (1988): 1013-1050.