David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Bioethics 24 (7):341-347 (2010)
Many critics of commercial surrogate motherhood argue that it violates the rights of children. In this paper, I respond to several versions of this objection. The most common version claims that surrogacy involves child-selling. I argue that while proponents of surrogacy have generally failed to provide an adequate response to this objection, it can be overcome. After showing that the two most prominent arguments for the child-selling objection fail, I explain how the commissioning couple can acquire parental rights by paying the surrogate only for her reproductive labor. My explanation appeals to the idea that parental rights are acquired by those who have claims over the reproductive labor that produces the child, not necessarily by those who actually perform the labor. This account clarifies how commercial surrogacy differs from commercial adoption. In the final section of the paper, I consider and reject three further child-based objections to commercial surrogacy: that it establishes a market in children's attributes, that it requires courts to stray from the best interests standard in determining custodial rights, and that it requires the surrogate to neglect her parental responsibilities. Since each of these objections fails, children's rights probably do not pose an obstacle to the acceptability of commercial surrogacy arrangements.
|Keywords||reproduction motherhood bioethics adoption parental rights surrogacy|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
R. Jo Kornegay (1990). Is Commercial Surrogacy Baby-Selling? Journal of Applied Philosophy 7 (1):45-50.
Jennifer A. Parks (2010). Care Ethics and the Global Practice of Commercial Surrogacy. Bioethics 24 (7):333-340.
Yukari Semba, Chiungfang Chang, Hyunsoo Hong, Minori Kokado, Kaori Muto & Ayako Kamisato (2009). Surrogacy: Donor Conception Regulation in Japan. Bioethics 24 (7):348-357.
Elizabeth S. Anderson, Why Commercial Surrogate Motherhood Unethically Commodifies Women and Children: Reply to McLachlan and Swales. [REVIEW]
Stephen Wilkinson (2003). The Exploitation Argument Against Commercial Surrogacy. Bioethics 17 (2):169–187.
Kelly Oliver (1989). Marxism and Surrogacy. Hypatia 4 (3):95 - 115.
Casey Humbyrd (2009). Fair Trade International Surrogacy. Developing World Bioethics 9 (3):111-118.
Stuart Oultram (2010). Does the Baby Selling Objection to Commercial Surrogacy Misuse Immanuel Kant? In Matti Häyry (ed.), Arguments and Analysis in Bioethics. Rodopi.
Liezl van Zyl (2002). Intentional Parenthood and the Nuclear Family. Journal of Medical Humanities 23 (2):107-118.
Brenda M. Baker (1996). A Case for Permitting Altruistic Surrogacy. Hypatia 11 (2):34 - 48.
Added to index2010-08-05
Total downloads102 ( #14,304 of 1,679,332 )
Recent downloads (6 months)4 ( #60,347 of 1,679,332 )
How can I increase my downloads?