Argumentative Essay On Surrogacy Psychology Term Paper
For example: The term "surrogate mother" as applied to the gestating mother is a misnomer since the social or commissioning parents could equally be regarded as surrogates as in most Australian jurisdictions the woman giving birth to the child is deemed or presume d at law to be the mother.
Since a "surrogate" according to the Macquarie Dictionary is a "substitute" a woman cannot be the surrogate mother of a child she bears.
On a broader interpretation, it may be argued that these provisions aim to prohibit the payment for the use of reproductive services and thus payments not made directly for such services may not be penalised under the Act.
Indeed the Waller report states that in an altruistic surrogacy agreement an arrangement that the surrogate mother's "medical, hospital and travelling expenses be paid would not result in [the arrangement] being labelled as commercial". However, the legislation in its present form remains ambiguous on this point.
It is only in the last 20 years that surrogate motherhood has increasingly become an issue of national and international public debate. Factors such as the growth of infertility in modern society, coupled with the declining number of children available for adoption, the development of the surrogacy contract and commercial surrogacy agencies in the United States in 1976 and the introduction of new technologies such as IVF which can be combined with surrogate motherhood, have resulted in increasing publicity and public interest in the formation of such agreements between infertile couples and surrogate mothers.This becomes complicated by the strict requirements of the Adoption Act 1984 (Vic) which prohibits private adoption and discourages adoption by relatives. However, it is frequently suggested that it is relatives who are most likely to participate in an altruistic surrogacy arrangement. 14.The situation is further complicated because the distinction between commercial and altruistic surrogacy is undefined in the legislation.Although altruistic surrogacy arrangements have not been specifically prohibited by the Victorian legislation, the Act together with other pieces of legislation combine to render the successful completion of such an arrangement difficult.For example, in relation to IVF surrogacy, s13(3)(d)(i) of the Act states that an IVF procedure must not be carried out unless the recipient is "unlikely to become pregnant as the result of a procedure to which this section applies".Such altruistic agreements are often referred to in the literature as being made between friends and relatives. The initial demand for surrogacy is likely to come from women, or the partners of women who are physically incapable of pregnancy, the most obvious candidates being women who have had a hysterectomy or a history of spontaneous abortion.Other medical conditions such as kidney disease or multiple sclerosis make pregnancy dangerous and therefore may leave a woman infertile for practical purposes. Further, it has been suggested that some women may desire a surrogate to bear their child for aesthetic or career reasons. In practice two methods of surrogate motherhood are employed: A woman (the surrogate mother) provides her oocytes for in vivo fertilisation for insemination by the sperm of a donor (usually the commissioning parent).In recent years, this distinction has become increasingly marked.For example, in Victoria in 1993 the Victorian Cabinet recommended that unpaid surrogacy be legalised and the Australian Capital Territory legislature allowed parties to an altruistic surrogacy agreemen t to seek professional assistance in relation to the formation of such an arrangement. 2. In the last decade, five Australian jurisdictions have introduced legislation to regulate the practice of surrogate motherhood - Victoria, South Australia, Queensland, Tasmania and the Australian Capital Territory. While the legislatio n is not uniform, each jurisdiction distinguishes between the concepts of paid and unpaid surrogacy.In the majority of jurisdictions, the legislation treats paid surrogacy more punitively, attaching criminal sanctions to its practice while leaving unpai d surrogacy unregulated.