Surrogacy, Compensation, and Legal Parentage: Against the Adoption Model

@article{Zyl2015SurrogacyCA,
  title={Surrogacy, Compensation, and Legal Parentage: Against the Adoption Model},
  author={Liezl van Zyl and Ruth Walker},
  journal={Journal of Bioethical Inquiry},
  year={2015},
  volume={12},
  pages={383-387}
}
  • L. Zyl, R. Walker
  • Published 2 July 2015
  • Business
  • Journal of Bioethical Inquiry
Surrogate motherhood is treated as a form of adoption in many countries: the birth mother and her partner are presumed to be the parents of the child, while the intended parents have to adopt the baby once it is born. Other than compensation for expenses related to the pregnancy, payment to surrogates is not permitted. We believe that the failure to compensate surrogate mothers for their labour as well as the significant risks they undertake is both unfair and exploitative. We accept that… 
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References

SHOWING 1-10 OF 15 REFERENCES
Beyond Altruistic and Commercial Contract Motherhood: The Professional Model
TLDR
It is argued that contract motherhood should not be organized according to the norms of the gift relationship, and that contract mothers should be compensated for their labour.
The new surrogacy parentage laws in Australia: cautious regulation or '25 brick walls'?
This article critically analyses recent law reforms that have taken place throughout Australia allowing for the transfer of legal parentage in surrogacy arrangements from the birth mother (and her
Surrogate Motherhood and Abortion for Fetal Abnormality
TLDR
This work argues in favour of the professional model, which acknowledges the rights and responsibilities of both parties and provides a legal and institutional framework that supports good decision-making in surrogacy.
Who's bringing up baby: Developing a framework for the transfer of legal parenthood in surrogacy arrangements
Surrogacy arrangements defy traditional definitions of parenthood and pose challenges in determining who should be recognised as legal parents. This is exacerbated by the use of assisted reproductive
Procreation Through Art: Why the Adoption Process Should Not Apply
TLDR
Assisted reproduction should fall within the constitutional purview of protected family privacy and should not be subjected to the greater regulation and screening of adoption law, and the UPA assures greater privacy and less state intrusion than the adoption process.
Rethinking “Commercial” Surrogacy in Australia
TLDR
It is argued that Australia can learn from commercial surrogacy practices elsewhere, without replicating them, and compensate domestic surrogacy and the introduction of professional intermediaries and mechanisms such as advertising are proposed as a feasible harm-minimisation approach.
Reproductive gifts and gift giving: the altruistic woman.
  • J. Raymond
  • Philosophy
    The Hastings Center report
  • 1990
TLDR
Noncommercial surrogacy cannot be treated as a mere act of altruism--any valorizing of altruistic surrogacy and reproductive gift-giving must be assessed within the wider context of women's political inequality.
In Defense of Surrogacy Agreements: A Modern Contract Law Perspective
The American public’s attention was first exposed to the practice of surrogacy in 1988 with the drama and verdict of the Baby M case. Over the last twenty-five years the practice of surrogacy has
Surrogate mothers 10 years on: a longitudinal study of psychological well-being and relationships with the parents and child.
TLDR
The psychological well-being of surrogate mothers did not change 10 years following the birth, with all remaining positive about the surrogacy arrangement and the majority continuing to report good mental health.
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