W4- Commerical Surrogacy Van Zul & Walker/ Overall

Question 1

The reciprocal model (Surrogacy WITH compensation)

Answer 1

• Instances where one person performs a service or makes a sacrifice for another who then reciprocates in a way that balances the service or sacrifice of the provider

Question 2

The non-reciprocal model (Surrogacy WITHOUT compensation)

Answer 2

• Instances where the benefactor does not receive a material reward from the beneficiary
  Motivated by love, altruism. Not motivated by personal gain

Question 3

Van Zul and walker argument

Answer 3

Z & W argue Women should be paid for their service, akin to the Professional model.
- Contract motherhood should be viewed and organised according to the norms of a profession.

Question 4

Gift model

Answer 4

surrogacy with compensation – instance where one person performs a service or makes a sacrifice for another. Who then reciprocates in a way that balances the service or sacrifice of the provider.

Question 5

Commercial model:

Answer 5

o Contractual agreement
o Stipulates responsibilities of each party
o Acknowledges that the contract mother deserves some form of payment or compensation for her labour.
o Legally enforceable
o Neither party has the power to renege

Question 6

The professional model:

Answer 6

•Profession= there is an expectation of altruism (moral obligation)

Motivated by altruism

a) selection of mothers based on values that enable alturism = less likely to be noxious
b) nurses and doctors selected for right reasons not payment
c) professionals paid but not used as test motivation

Question 7

How to do this? (professional model)

Answer 7

Z&W believe create regulatory body within gov.- set fees/ civil servants to support surrogates and couples

Question 8

Z & W objections

Answer 8

1. Child still commodity = morally unacceptable

2. Child may not have opportunity to ever connect w surrogate mother

Question 9

Rebuttal objections

Answer 9

Gives the child the gift of life at the end of the day? Generally, if a parent is willing to pay a high price for a child likely to be really enthusiastic about being a parent= good life

Question 10

Overalls argument

Answer 10

surrogacy fails to protect childs interest
-must focus on finding ways to mitigate worst harms – the infant’s interests, needs + wellbeing should be paramount
transaction is commercial

Question 11

Licensing intended parents

Answer 11

1) currently no effort to evaluate parental capabilities
2) commercial surrogacy fails to protect child interests
3) Need state- mandated run screening and licensing for prospective parents - similar to adoption process

Question 12

Need for licensing and screening

Answer 12

1) sometimes parents refuse to accept baby

2) children are dependent and vulnerable

Question 13

Objections to overall

Answer 13

1) baby already related to commisioner- dont do this process for genetic parents?
2) screening licensing not effective in determining entitlement/ suitability e.g. racial discrimination in past
3) licensing regulations= intimidating

Question 14

Rebuttal to overalls objections

Answer 14

1. Ensures educated parents- informed, if denied license will be in parents and childs best interests
2. Need laws to hold parents legally responsible for support + wellbeing child
3. Past screening mistakes doesn’t mean future mistakes