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Surrogate Motherhood

Edited by Ruchika Mishra (Program in Medicine and Human Values, California Pacific Medical Center)
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  1. Elizabeth S. Anderson (2000). Why Commercial Surrogate Motherhood Unethically Commodifies Women and Children: Reply to McLachlan and Swales. [REVIEW] Health Care Analysis 8 (1):19-26.
    McLachlan and Swales dispute my arguments against commercial surrogatemotherhood. In reply, I argue that commercial surrogate contractsobjectionably commodify children because they regardparental rights over children not as trusts, to be allocated in the bestinterests of the child, but as like property rights, to be allocatedat the will o the parents. They also express disrespect for mothers, bycompromising their inalienable right to act in the best interest of theirchildren, when this interest calls for mothers to assert a custody rightin their children.
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  2. Lori B. Andrews (1988). Surrogate Motherhood: The Challenge for Feminists. Journal of Law, Medicine and Ethics 16 (1-2):72-80.
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  3. K. Aramesh (2009). Iran's Experience with Surrogate Motherhood: An Islamic View and Ethical Concerns. Journal of Medical Ethics 35 (5):320-322.
    Gestational surrogacy as a treatment for infertility is being practised in some well-known medical institutions in Tehran and some other cities in Iran. While the majority of Muslims in the world are Sunni, the majority of Iranians are Shiite. Most Sunni scholars do not permit surrogate motherhood, since it involves introducing the sperm of a man into the uterus of a woman to whom he is not married. Most Shiite scholars, however, have issued jurisprudential decrees (fatwas) that allow surrogate motherhood (...)
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  4. S. Ashenden (2013). Reproblematising Relations of Agency and Coercion: Surrogacy. In Sumi Madhok, Anne Phillips & Kalpana Wilson (eds.), Gender, Agency, and Coercion. Palgrave Macmillan.
  5. Alison Bailey (2011). Reconceiving Surrogacy: Toward a Reproductive Justice Account of Indian Surrogacy. Hypatia 26 (4):715-741.
    My project here is to argue for situating moral judgments about Indian surrogacy in the context of Reproductive Justice. I begin by crafting the best picture of Indian surrogacy available to me while marking some worries I have about discursive colonialism and epistemic honesty. Western feminists' responses to contract pregnancy fall loosely into two interrelated moments: post-Baby M discussions that focus on the morality of surrogacy work in Western contexts, and feminist biomedical ethnographies that focus on the lived dimensions of (...)
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  6. Amrita Banerjee (2011). Reorienting the Ethics of Transnational Surrogacy as a Feminist Pragmatist. The Pluralist 5 (3):107-127.
    The issue of surrogacy has received a great deal of attention in the West ever since the famous Baby M case in the latter part of the 1980s. Ethicists, psychologists, and legal experts have struggled with the meanings and implications of this practice, especially in its commercial form. In contemporary times, however, the phenomenon of surrogacy has assumed new dimensions as it travels across national borders in the context of globalization. As a transnational phenomenon, it is now marketed as an (...)
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  7. Deborah Barnbaum (1999). Interpreting Surrogate Consent Using Counterfactuals. Journal of Applied Philosophy 16 (2):167–172.
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  8. Rosalie Ber (2000). Ethical Issues in Gestational Surrogacy. Theoretical Medicine and Bioethics 21 (2):153-169.
    The introduction of contraceptive technologies hasresulted in the separation of sex and procreation. Theintroduction of new reproductive technologies (mainlyIVF and embryo transfer) has led not only to theseparation of procreation and sex, but also to there-definition of the terms mother and family.For the purpose of this essay, I will distinguishbetween:1. the genetic mother – the donor of the egg;2. the gestational mother – she who bears and gives birth to the baby;3. the social mother – the woman who raises the (...)
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  9. Lisa Sowle Cahill (1988). The Ethics of Surrogate Motherhood: Biology, Freedom, and Moral Obligation. Journal of Law, Medicine and Ethics 16 (1-2):65-71.
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  10. A. M. Capron & M. J. Radin (1988). Choosing Family Law Over Contract Law as a Paradigm for Surrogate Motherhood. Journal of Law, Medicine and Ethics 16 (1-2):34-43.
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  11. R. Alta Charo (1988). Legislative Approaches to Surrogate Motherhood. Journal of Law, Medicine and Ethics 16 (1-2):96-112.
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  12. Daniela Cutas & Sarah Chan (2012). Families – Beyond the Nuclear Ideal. Bloomsbury Academic.
    This book examines, through a multi-disciplinary lens, the possibilities offered by relationships and family forms that challenge the nuclear family ideal, and some of the arguments that recommend or disqualify these as legitimate units in our societies. That children should be conceived naturally, born to and raised by their two young, heterosexual, married to each other, genetic parents; that this relationship between parents is also the ideal relationship between romantic or sexual partners; and that romance and sexual intimacy ought to (...)
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  13. Katherine Drabiak, Carole Wegner, Valita Fredland & Paul R. Helft (2007). Ethics, Law, and Commercial Surrogacy: A Call for Uniformity. Journal of Law, Medicine and Ethics 35 (2):300-309.
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  14. Katherine Drabiak-Syed (2011). Currents in Contemporary Bioethics: Waiving Informed Consent to Prenatal Screening and Diagnosis? Problems with Paradoxical Negotiation in Surrogacy Contracts. Journal of Law, Medicine and Ethics 39 (3):559-564.
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  15. Luara Ferracioli (2014). On the Value of Intimacy in Procreation. Journal of Value Inquiry 48 (3):349-369.
    She’ll get paid…we don’t need to see her. As long asshe’s healthy and delivers my babies healthily,she’s done a job for us.British woman referring to her Indian surrogate, in Poonam Taneja, “The couple having four babies by two surrogates,” BBC Asian Network (2013) at .IntroductionWhen two adults meet, fall in love, and commit themselves to a romantic relationship, a time will come when they must decide whether or not to have children. It is no exaggeration to say that this particular (...)
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  16. Barry R. Furrow (1984). Surrogate Motherhood: A New Option for Parenting? Journal of Law, Medicine and Ethics 12 (3):106-106.
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  17. Steven R. Gersz (1984). The Contract in Surrogate Motherhood: A Review of the Issues. [REVIEW] Journal of Law, Medicine and Ethics 12 (3):107-114.
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  18. Gerald K. Harrison (2012). Antinatalism, Asymmetry, and an Ethic of Prima Facie Duties. South African Journal of Philosophy 31 (1):94-103.
    Benatar’s central argument for antinatalism develops an asymmetry between the pain and pleasure in a potential life. I am going to present an alternative route to the antinatalist conclusion. I argue that duties require victims and that as a result there is no duty to create the pleasures contained within a prospective life but a duty not to create any of its sufferings. My argument can supplement Benatar’s, but it also enjoys some advantages: it achieves a better fit with our (...)
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  19. Gerald K. Harrison & Julia Tanner (2011). Better Not to Have Children. Think, 10(27), 113-121 (27):113-121.
    Most people take it for granted that it's morally permissible to have children. They may raise questions about the number of children it's responsible to have or whether it's permissible to reproduce when there's a strong risk of serious disability. But in general, having children is considered a good thing to do, something that's morally permissible in most cases (perhaps even obligatory).
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  20. Angela R. Holder (1988). Surrogate Motherhood and the Best Interests of Children. Journal of Law, Medicine and Ethics 16 (1-2):51-56.
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  21. Angela R. Holder (1984). Surrogate Motherhood: Babies for Fun and Profit. Journal of Law, Medicine and Ethics 12 (3):115-117.
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  22. Serene J. Khader (2013). Intersectionality and the Ethics of Transnational Commercial Surrogacy. International Journal of Feminist Approaches to Bioethics 6 (1):68-90.
    Critics of transnational commercial surrogacy frequently call our attention to the race, class, and cultural background of surrogates in the global South. Consider the following sampling from the critics: "the women having babies for rich Westerners have been pimped by their husbands and are powerless to resist" (Bindel 2011); our "rules of decency seem to differ when the women in question are living in abject poverty half a world away" (Warner 2008); and we should worry that "women of color are (...)
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  23. Hannelore Koerner (1989). Ethics in Reproductive Medicine in the German Democratic Republic. Journal of Medicine and Philosophy 14 (3):335-341.
    The paper discusses the practice of genetic counseling and elective abortion in the German Democratic Republic. Keywords: elective abortion, embryo transfer, in vitro fertilization, protection of human life, reproductive ethics, German Democratic Republic, bioethics CiteULike Connotea Del.icio.us What's this?
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  24. Lenore Kuo (1989). The Morality of Surrogate Mothering. Southern Journal of Philosophy 27 (3):361-380.
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  25. Ruth Macklin (1988). Is There Anything Wrong with Surrogate Motherhood? An Ethical Analysis. Journal of Law, Medicine and Ethics 16 (1-2):57-64.
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  26. H. V. McLachlan (1997). Defending Commercial Surrogate Motherhood Against Van Niekerk and Van Zyl. Journal of Medical Ethics 23 (6):344-348.
    The arguments of Van Niekerk and Van Zyl that, on the grounds that it involves an inappropriate commodification and alienation of women's labour, commercial surrogate motherhood (CSM) is morally suspect are discussed and considered to be defective. In addition, doubt is cast on the notion that CSM should be illegal.
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  27. Hugh V. McLachlan & J. K. Swales (2001). Exploitation and Commercial Surrogate Motherhood. Human Reproduction and Genetic Ethics 7 (1):8--14.
    Various authors, for instance Elizabeth Anderson, Rosemary Tong, Mary Warnock and Margaret Brazier have argued that commercial surrogate motherhood is exploitative and that it should be prohibited. Their arguments are unconvincing. Exploitation is a more complex notion than it is usually presented as being. Unequal bargaining power can be a cause of exploitation but the exercise of unequal bargaining power is not inevitably or inherently exploitative. Exploitation concerns unfair and/or unjust strategies - rather than the exercise of power as such. (...)
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  28. Thaddeus Metz (2014). Questioning South Africa’s ‘Genetic Link’ Requirement for Surrogacy. South African Journal of Bioethics and Law 7 (1):34-39.
    South African law currently forbids those seeking to arrange a surrogate motherhood agreement from creating a child that will not be genetically related to at least one of them. For a surrogacy contract to be legally valid, there must be a ‘genetic link’ between the child created through a surrogate and the parents who will raise it. Currently, this law is being challenged in the High Court of South Africa, and in this article I critically explore salient ethical facets of (...)
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  29. M. Mulholland (1990). Surrogate Motherhood. Journal of Medical Ethics 16 (4):221-221.
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  30. Hilde Lindemann Nelson & James Lindemann Nelson (1989). Cutting Motherhood in Two: Some Suspicions Concerning Surrogacy. Hypatia 4 (3):85 - 94.
    Surrogate motherhood-at least if carefully structured to protect the interests of the women involved-seems defensible along standard liberal lines which place great stress on free agreements as moral bedrocks. But feminist theories have tended to be suspicious about the importance assigned to this notion by mainstream ethics, and in this paper, we develop implications of those suspicions for surrogacy. We argue that the practice is inconsistent with duties parents owe to children and that it compromises the freedom of surrogates to (...)
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  31. Vida Panitch (2013). Surrogate Tourism and Reproductive Rights. Hypatia 28 (2):274-289.
    Commercial surrogacy arrangements now cross borders; this paper aims to reevaluate the traditional moral concerns regarding the practice against the added ethical dimension of global injustice. I begin by considering the claim that global surrogacy serves to satisfy the positive reproductive rights of infertile first-world women. I then go on to consider three powerful challenges to this claim. The first holds that commercial surrogacy involves the commodification of a good that should not be valued in market terms, the second that (...)
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  32. Miroslav Prokopijevic (1990). Surrogate Motherhood. Journal of Applied Philosophy 7 (2):169-181.
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  33. Laura M. Purdy (1989). Surrogate Mothering:Exploitation or Empowerment? Bioethics 3 (1):18–34.
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  34. Bonnie Steinbock (1988). Surrogate Motherhood as Prenatal Adoption. Journal of Law, Medicine and Ethics 16 (1-2):44-50.
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  35. Rosemarie Tong (1996). Feminist Bioethics: Toward Developing a "Feminist" Answer to the Surrogate Motherhood Question. Kennedy Institute of Ethics Journal 6 (1):37-52.
    : Although a wide variety of feminist approaches to bioethics presently share a common feminist methodology (sometimes referred to as "raising the woman question"), they do not all share the same feminist politics, ontology, epistemology, and ethics. As a result of their philosophical differences, feminist bioethicists do not always agree on which biomedical principles, practices, and policies are best suited to serving women's interests. In other words, some feminist bioethicists insist that so-called "assisted reproduction" enhances women's procreative liberty, while others (...)
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  36. Anton van Niekerk & Liezl van Zyl (1995). The Ethics of Surrogacy: Women's Reproductive Labour. Journal of Medical Ethics 21 (6):345-349.
    The aim of this article is to establish whether there is anything intrinsically immoral about surrogacy arrangements from the perspective of the surrogate mother herself. Specific attention is paid to the claim that surrogacy is similar to prostitution in that it reduces women's reproductive labour to a form of alienated and/or dehumanized labour.
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  37. Liezl van Zyl (2002). Intentional Parenthood: Responsibilities in Surrogate Motherhood. [REVIEW] Health Care Analysis 10 (2):165-175.
    In recent years, a number of writers dealingwith questions over parenthood that arisein the context of reproductive technologies andsurrogate motherhood, have appealed to thenotion of ``intentional parenthood''. Basingtheir argument on liberal values such asindividual autonomy, the freedom to entercontracts, the right to privacy, and individualself-fulfilment, they argue that contractuallystated intentions, rather than genetic orgestational relationships, should form thebasis of parental rights. Against this I arguethat parental rights do not derive fromcontractual agreements, but are based in theirobligations towards the child. I (...)
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  38. Liezl van Zyl (2000). Interpretations, Perspectives and Intentions in Surrogate Motherhood. Journal of Medical Ethics 26 (5):404-409.
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  39. Liezl Van Zyl & Ruth Walker (2013). Beyond Altruistic and Commercial Contract Motherhood: The Professional Model. Bioethics 27 (7):373-381.
    It has become common to distinguish between altruistic and commercial contract motherhood (or ‘surrogacy’). Altruistic arrangements are based on the ‘gift relationship’: a woman is motivated by altruism to have a baby for an infertile couple, who are free to reciprocate as they see fit. By contrast, in commercial arrangements both parties are motivated by personal gain to enter a legally enforceable agreement, which stipulates that the contract mother or ‘surrogate’ is to bear a child for the intending parents in (...)
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  40. Susan M. Wolf (1992). Book Review:Surrogate Motherhood: Politics and Privacy. Larry Gostin. [REVIEW] Ethics 102 (3):671-.
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