Human Dignity and Commercial Surrogacy

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Human Dignity and Commercial Surrogacy Sample Answer

Commercial surrogacy is a concept that has resulted in mixed reactions from the members of the society on grounds of ethics and legality. Even though it seems to give hope for the childless parents, the question of human dignity cannot be overruled.

Human Dignity and Commercial Surrogacy
Human Dignity and Commercial Surrogacy

The major issue the paper is deliberating on is the question of commercial surrogacy incorporating case studies on the premise of human dignity. The concept of commercial surrogacy enables couples in need of a child to pay a woman to carry for them a baby at a certain fee. Therefore, I do believe that this topic and more so the case studies provide a deeper understanding of the issues of human dignity. The paper furthermore, will incorporate two perspectives pertaining to the issue of commercial surrogacy referring them to the four quadrants and finally provides a discussion of important of viewing human dignity as multidimensional as opposed to considering these perspectives in isolation.

Human Dignity and Commercial Surrogacy Practice

Perspective one holds the view that practicing commercial surrogacy is a way of devaluing the dignity of human life because children are treated as if they are supposed to be sold and be bought (Wilkinson, 2003, 169-187). Furthermore, it devalues the life and dignity of mothers practicing surrogacy as it reduces their worth in terms of their reproductive capacity. This, therefore, makes them appear not to be viewed as loving mothers of their children they have given birth.

Human Dignity and Commercial Surrogacy Case Study

The case study involving, Baby Grammy, clearly captures the views from this first perspective.  The fact that the twin sisters were born through a surrogate mother called Patharamon Chanbua, it devalues human dignity of them and that of the participants.  The Australian couple took one of the sisters while the other suffering from Down syndrome was left behind with the surrogate mother. The mother received payment for carrying the Baby for the couple hence; this qualifies as selling a baby. Furthermore, the action paints the surrogate mother as not respectful to her own reproductive capability and a mother that does not have love to her children (Drabiak et al. 2007, 300-309). Therefore, the author concept of human dignity is to embrace and value children even if they have some disabilities. The act of the Australian couples, abandoning a twin sister because Down syndrome is unethical and it devalues human dignity. Parents of commercial surrogate children need to put the best interest of the children before their selfish interests. This human dignity falls in the quadrant (1A).  I do believe that regardless of the method that a child has been born, the child is still a human being and is still worth.  Judging a baby because of suffering from Down syndrome is unethical putting in mind that the Australian Couples went for the commercial surrogacy. They have the responsibility to take good care of the two twins regardless of their health conditions. Taking one that is healthy and leaving the other baby is unethical and malicious as it violates human dignity hence, the case study belongs to this quadrant.

Human Dignity and Commercial Surrogacy and Social Attitudes

Social attitudes, circumstances as well as norms play a key role as to why people hold to this perspective. The way people have been brought up and the environment they have grown shapes their perception about commercial surrogacy. They might not have seen people or even their parents doing such practices hence this contributed to their position on the same.  The way children of surrogate mothers are mistreated by guardians can also be one reason why society holds contrary views on commercial surrogacy. Society as well must live and keep up to certain standards to ensure that people lead morally upright lives.  Society expects people to lead their lives in a certain way and going contrary to such principles then leads to conflicts. The biblical teaching on reproduction as well as shapes and influences the attitudes of the people about commercial surrogacy. Cultural differences as well have the potential to shape the way people perceive the concept of commercial surrogacy.  The culture or values and the level of skills and knowledge of individuals and the way they have been brought up affect the ways they perceive the aspect of commercial surrogacy (Deutsch, 2014, 932-945). Therefore, it is evident that these factors shape the level of understanding of individual human dignity. Other people might not have a problem to opt for commercial surrogacy to get children while others because of their cultural beliefs they might view this as devaluing human dignity.

Human Dignity and Commercial Surrogacy

This perspective, therefore, seems to justify that couples without children can use commercial surrogacy to get children only if the best interest of the child are upheld and if the child is not bought or sold or if it does not affect the reproductive capability of the mother.  Therefore, such an individual that holds this perspective will not be cowed down to conduct commercial surrogacy as long as they ensure that they do not go contrary to the ideologies and principles espoused in here (Fisher, 2013, 235-246).  They will consider the action right is the children are not sold and if they are given the best treatment regardless of their circumstances. To uphold to human dignity, it would require, that the surrogate mother takes care of the child to give it motherly love and that, the couples as well does not discriminate and mistreat the baby because of their incapacities.

Human Dignity and Commercial Surrogacy

The second perspective about human dignity and commercial surrogacy holds the view that society tends to view the work of commercial surrogate mothers as unethical hence, their dignity is dismissed both the mothers themselves and the way community perceives them.  Nevertheless, these mothers can still restore their dignity and self-worth by expressing themselves on the way people should perceive their role in society hence, rebrand and recreate their image of the work they do as a noble thing (Karandikar et al, 2014).

Human Dignity and Commercial Surrogacy

This perspective is exemplified in the case of twin born by an Indian surrogate mother. In India, there is a stigma against commercial surrogacy, as such mothers are perceived in negative limelight. According to Pande (2010, 292-312) surrogates in India experienced a considerable degree of stigma in their communities. However, Amrita believed that stigma suffered was because of Indian society considering commercial surrogacy immoral comparable to baby selling and prostitution.  Therefore, the author concept of human dignity in relation to the case study is that the custody and safety of the children should not be compromised at any level as long the parties agree with each other (Anderson, 2010, 19-26). This concept of dignity is best explained by quadrant 1B.  Even though undergoing commercial surrogate may be perceived as unethical by the society, and resulting in the stigmatization of the surrogate mothers, the mother is still a human being with the capacity to make better decisions. Therefore, it is important for the surrogate mothers to explain and defend their role as a surrogate mother.  Quadrant 2A also way can help understand the concept of dignity.  The behavior of the surrogate mothers may appear to be a sign of loss of sense of self-worth, they may indicate that she lacks dignity hence the society should not delve much of their attention to them (Graffith, 2015, 196-198). Similarly, surrogate mothers and couples regardless of their status and actions, it is befitting for the society to treat them well and not to merely judge them because they deserve respect and dignity as explained in the quadrant 1A.  The case study belongs to these quadrants because; these surrogate mothers are human beings like other people in society (Edlund et al, 2013, Pg. 851; Ergas, 2013, Pg. 117). They as well give birth to children that deserve respect. The mothers as well deserve respect because they are a part of the society and they can explain their role to the society for them not to be discriminated and looked down upon.

Human Dignity and Commercial Surrogacy

It is true that social attitudes, norms, and circumstances played a major role in influencing this perspective. The reason why society looks down upon surrogate mothers, as is the case of Amrita in the case study in India is that the practice may not be part of their culture. The way they have been brought up and even socialized, they have never encountered such incidences. Therefore, it makes them adamant to accept the same.  However, there seems to be a window of opportunity for surrogate mothers in India especially if they come out and talk about their work and role.  The society seems to be attentive on the issue and is likely to buy into the idea and restore their confidence in the role of such surrogate mothers. Cultural factors as well play a key role in this issue.  Culture requires that women give birth to a child in a normal way. A man and a woman need to come into contact to sire a baby. Using other practices is perceived unclean and unethical hence, explaining some level of resistance and negatives perception.

Human Dignity and Commercial Surrogacy

Nevertheless, it is true that circumstances, as well as the factors explained, can affect the way people perceive and think about human dignity.  For unfertile parents, they view commercial surrogacy as the best option for them to get a baby. They will, therefore, embrace the concept even if the society is opposed to it. Surrogate mothers that have compassion, as well as those that are motivated by commercial interest, will definitely buy into the idea. Therefore, the circumstances of the people will vary and will shape their perception on the issue.

Human Dignity and Commercial Surrogacy

The perspectives, therefore, seem to justify the actions of Amrita and other surrogate mothers provided they talk and explain to the society about their role. As long as the practices are done well and children are taken good care, then no one devalues human dignity.  The person that holds to this perspective will, therefore, likely to take a decision depending on the circumstances. For instance, if they value and have high self-esteem and they have explained their role to society, then the practice will not be a problem. On the contrary, if they feel that they will lose a sense of self-worth and receive a reprimand from the society, then the chances of approving the same will reduce. Therefore, to uphold to human dignity, they must ensure that the society understand their role and they move on the same page pertaining to knowledge and purpose of embracing the aspect of commercial surrogacy.

Human Dignity and Commercial Surrogacy

The concept of human dignity is complex and therefore it is important to evaluate the various perspectives based on the various quadrants to understand them better. This, therefore, helps to enhance our understanding of the concept of the multidimensionality of human dignity with respect to the case studies. Considering one perspective in this case studies are likely to jeopardize other aspects of human dignity. For instance, in reference to perspective one and case study involving Baby Grammy, the act of selling the baby to the Australian couples devalues human dignity and the decision of the couple to one of the twins instead of both twins because of the fact that one suffers from Down syndrome violates ethics and shows devaluation of human dignity. This is in tandem with the quadrant 1A where the dignity of the child should be upheld because the twin is a human being deserving respect.  The action of the couples to get children through a commercial surrogate is worthwhile; they are not supposed to treat the twin suffering from Down syndrome as they did (Millbank, 2010). This causes contradictions on human dignity to ensure the best interest of the children. Similarly, in perspective two,   women such as Amrita deserve a right to be appreciated in society even though they are surrogate mothers.

Human Dignity and Commercial Surrogacy Conclusion

In conclusion, it is evident that indeed the aspect of human dignity and commercial surrogacy will still trigger a heated debate in the courts and in the social realms. The case study in this discussion has demonstrated the controversies that surround the issue. Opting for commercial surrogacy is a decision that requires consideration of many aspects including social attitudes, legislation, and ethical consideration.  The case of baby Grammy and Amrita have provided deeper insights on the topic. Summarily, the response on the multidimensionality of human dignity shows that humans are inspired to realize our dignity in our lives despite human dignity is inherent. Thus, a dignified response would be to enable the surrogate to see their pride reflected in our actions. This may change the way they think about themselves and other people. This might cause them to reassess they exercise their future autonomy.

Human Dignity and Commercial Surrogacy References

Anderson, E. (2000). “Why Commercial Surrogate Motherhood Unethically Commodifies Women and Children: Reply to McLachlan and Swales.” Health Care Analysis 8, (1), (2000), 19-26.

Deutsch, A. L. (2014). Sexual Self-Concept: Testing a Hypothetical Model for Men and Women. Journal Of Sex Research, 51(8), 932-945.

Drabiak, K., Wegner, C., Fredland, V., & Helft, P. R. (2007). Ethics, Law, and Commercial Surrogacy: A Call for Uniformity. Journal Of Law, Medicine & Ethics, 35(2), 300-309.

Edlund, M., Lindwall, L., Post, I. v., & Lindström, U. Å. (2013). Concept determination of human dignity. Nursing Ethics, 20(8), 851-860.

Ergas, Yasmine. “Babies without Borders: Human Rights, Human Dignity, and the Regulation of International Commercial Surrogacy.” Emory International Law Review 27, (1) (April 2013), 117-188.

Fisher, A. M. (2013). The journey of gestational surrogacy: religion, spirituality and assisted reproductive technologies. International Journal Of Children’s Spirituality, 18(3), 235-246.

Griffith, R. (2015). Understanding the Code: upholding dignity. British Journal Of Community Nursing, 20(4), 196-198.

Karandikar, Sharvari, Lindsay B. Gezinski, James R. Carter and Marissa Kaloga. “Economic Necessity or Noble Cause? A Qualitative Study Exploring Motivations for Gestational Surrogacy in Gujarat, India.” Affilia: Journal of Women & Social Work 29, (2) (2014), 224-36.

Millbank, Jenni. “From Alice and Evelyn to Isabella: Exploring the Narratives and Norms of New Surrogacy in Australia.” Griffith Law Review 21, (1), (2012), 101-36.

Mohapatra, S. (2012). Stateless Babies & Adoption Scams: A Bioethical Analysis of International Commercial Surrogacy. Berkeley Journal Of International Law, 30(2), 412-450.

Palk, A. C. (2015). The implausibility of appeals to human dignity: an investigation into the efficacy of notions of human dignity in the transhumanism debate. South African Journal Of Philosophy, 34(1), 39-54.

Pande, A. (2010). “At Least I Am Not Sleeping with Anyone”: Resisting the Stigma of Commercial Surrogacy in India. Feminist Studies, 36(2), 292-312.

PARKS, J. A. (2010). care ethics and the global practice of commercial surrogacy. Bioethics, 24(7), 333-340.

Ramskold, Louise Anna Helena, and Marcus Paul Posner. “Commercial Surrogacy: How Provisions of Monetary Remuneration and Powers of International Law Can Prevent Exploitation of Gestational Surrogates.” Journal of Medical Ethics, 39(6) (2013), 397-402.

Sullivan, M. (2011). Commentary on Susan Marken’s Surrogate Motherhood and the Politics of Reproduction. Sociological Forum, 26(1), 196-199.

Wilkinson, S. (2003). The exploitation argument against commercial surrogacy. Bioethics, 17(2), 169-187.

 

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