Journal of Applied Philosophy 32 (3):n/a-n/a (2015)

Christine Straehle
University of Ottawa
Access to surrogacy is often cast in the language of rights. Here, I examine what form such a right could take. I distinguish between surrogacy as a right to assisted procreation, and surrogacy as a contractual right. I find the first interpretation implausible: it would give rise to claims against the state that no state can fulfil, namely the provision of sufficient surrogates to satisfy the need. Instead, I argue that the right to surrogacy can only be plausibly understood as a contractual right. I then investigate two different sets of harms that are often employed to argue against such a contractual interpretation of the right to surrogacy: harm to women's interests in a gendered society, and harm to the sense of self of the surrogate. I assess both of these through the analytical lens of vulnerability. I find neither of them to be convincing arguments against surrogacy contracts. In conclusion, I agree that surrogacy contracts should be carefully regulated, but I disagree with those who call for prohibition of the right to surrogacy as a contractual right
Keywords Surrogacy  Vulnerability  Rights
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DOI 10.1111/japp.12145
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References found in this work BETA

The Concept of Autonomy.Gerald Dworkin - 1981 - Grazer Philosophische Studien 12 (1):203-213.
The Right to Procreation: Merits and Limits.Sarah Conly - 2005 - American Philosophical Quarterly 42 (2):105 - 115.

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Parenthood and Procreation.Tim Bayne & Avery Kolers - forthcoming - Stanford Encyclopedia of Philosophy.

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