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Surrogacy - Coggle Diagram
Surrogacy
Ethical concerns -
exploitation
Surrogates in India
Pande 2010
- 80% below poverty line
"desperate for money
dont enjoy but feel need to do fro childrens uture
surrogates tend to be lower class, wealth bracket, or women of colour than prospective parents
Wilkonson 2003
- unfair exploitation advantage
“wrongness consists not in the fact that
A uses B
, but in the fact that she does so
unjustly
and under conditions which make it the case either that
B does not consent, or that B’s consent is not valid.”
A explots B iff -->
imprioper consent - though misinformation, (ommisive) coercion, comprimised autonomy, etc
consent condition
distribution of benefits/harms is unjust
justice condition
justice condition
- does commisioning parent benefit more than surrogate via
underpayment
fair price for service to aviod this e.g. pay for labour not jsut flat fee & irrespective of whats delivered, good wokring coniditons, transparency of whoese getting the money
BUT
wilkinson
args fair price might eb diff to determine (hours vs product, min vs substantial wage & the issue is the payment itself not underpayment & its effect on consent
consent condition
- is consent valid owing to payment
ommisive coercion present - state fails to meet duty to ensure surrogate reaches leve of welfare, woman can reach this welfare through surrogacy therfore ommsive coercion
because - diff to justify rewards & women likly to do it only if imissible or actually coerced its explitative
feminist arg FOR commercial surrogacy
FULL SURROGACY NOW - LEWIS
should restructure private nuclear family into reproductice communities - paid surrogacy hels us do this:
tech liberates us from oppressive roles
sci-fi novels & othered' communities show diff ways to raise kids
all of us pratake in 'surrogacy' not just as gestator
pregnancy is work & should be paid
ethical concerns -
commodification
commodification = bad when turn/treat:
persons into/as things (instrumentally)
exchange value (commercialisation
use value (objectification)
realtionships into/as contracts
de-emphasise realtionships
makes exploitation easier
global market place - consent & fair price questionable
artificial separation of parts & persons enables illusion of non-exploitation - commdifiying wombs not whole person
Philips & Pateman
some things shouldn't/can't be for sale --> changes nature of the good
Wolff
social goods eroded
attitudes of trust, solidarity, community reinforced though donation but not sale
Titmuss
probs
is there body realted stuff we think isnt really 'us' e.g. blood, hair
are there really any diff between comercial & altrusistic surogacy
is any trade permissible between global south & north
ethical concerns -
gender inequality
Satz
sympety with aysmetry thesis - markets in womens reproductive/sexual labour more explotitaive than others due to gender inequlity
income inequality & social inequality
1) Essentialist thesis (natural & identity)
natural - genetic, involutrary time commitment, invades body
identity - intimately linked to who women are
Satz
- womens reproductive labour not more mat or aligned with identities
other kinds of labour take lot of time or affect body or limit control
2) Special bonds thesis (between surrogate/foetus)
satz
- neither mother-foetues nor mother-child bonds are degraded
3) consequences for child theses
staz
- strong reason but unlear effects
Satz defence of asymmetry thesis 4) gender inequality
gives others more access & control over women's bodies
reinforces gendered division of labour
overlooks gentational labour diff to genetic ties & requires protection too
BUT if lived in gender equal society can justify ussing diff axis:
type of contract (onerous, jobs that have high level of control over body, e.g. asternaut
result of contract (produces someone not something
Assisted reproductive tech (ARTs)
is infertility a disease
YES - physical - then treat, see in surgeries for blocked fallopian tubes
NO - social - shouldn't be medically treated but socially - couselling - IVF/med treatments only work small % of time
desire for child is innate
YES - determined/essentialism - see in time, money & effort taken (IVF)
NO - constructed - examine this & look at good lives w/out kids/families - reject essentialt claim women should be wives or mothers
right to reproduce
YES
NO - diff between type of rights - pos & neg - neg most important (sates not doing things/taking things away) - right to family is that state not take that away, but does it have pos right obligation to provide ARTs?
max choices
YES - gives more options when want kids - later in life, donors etc
NO - want procreative autonomy but diff between lots of choices & truely free ones - live in pro-natalsit state so not really choice no t ti use ARTs for intertile people - not braodening choices but engougaitn pro-natalist ideas
Commercial surrogacy (CS)/surrogacy
altruistic surrogacy vs commercial surrogacy
payment vs expenses (UK)
Human Fertilisation & Embryology Act 2008 - 6 week 'wait' period where bio mom is legal gaurdian before intended partents can aply for rights
Law commission proposed to change to law on parentage - intended parents legal gaurdian from day 1 - 2023
Surrogact Arrangements Act 1985 --> can have reasonable expenses but no fee or contract
Ukraine, Inida & some US states --> paid contracts
reasons for trade
low/reasonable risk
currently unfair
gestational labour is labour as any other kind -
*Savulescu
"implies women are not competant. By virtue of thier biological sex, to act as rational, moral agensts" - Shalev
High demand/low supply
Crit of Lewis
aims seem to be at odds with each other
e.g. if vision is ultimately anti-capialist & pro-communist then attaching payment & the norms of the market to surrogacy is ill-matched
who ends up being surrogates in reproductive community?}
can we insit that any person with wombs, not jsut poor brown women do surrogacy work?
desirability of vision & meathodologies to decide upon the vision
do surrogates want dissolution of the family?