The transfer is such that the surrogate does not claim ownership of the child after delivery. I addition, atransaction is a sale of good arrangement if it satisfies essential elements of a contract. Tese elements are agreement, cnsideration, lgality of subject matter, ad contractual capacity. Etablishment of agreeable terms that are reduced to a written contract in the surrogacy process identifies agreement between the surrogate and the other party. Ivolved surgical processes that require consent also identifies agreement by the parties. Cnsideration is also evident in the arrangement amount of money that the surrogate receives for carrying the pregnancy.
Te practice also occurs under legal framework, rquiring attorney’s fees to establish its legality. I addition, te legal process identifies contractual capacity of the contracting parties that includes majority age, sund health, ad freedom from intoxication because attorneys would ensure these before overseeing an agreement (Rao 222; Sannon and Kockler 100- 102). Te surrogacy arrangement therefore satisfies the legal definition of sale of goods and therefore identifies baby selling. Tis opinion is informed by the deontology ethical theory existing rules in a society and judges actions based on such existing rules.
Gstational surrogate motherhood should not be prohibited. To ethical perspectives support this position. Uilitarianism is one of the moral theories that support surrogate motherhood. Te theory provides that consequences of an action is the basis for determining its morality and an act is moral if it derives net benefits to a majority of involved stakeholders. Wile societies value the family institution and its composition, lck of a child has moral harm that could emanate from or forces.
Awoman and her husband may lose their sense of worth for not having a child and the society may stigmatize against an individual who lacks a child. Hving a child through surrogacy however reduces the burden and therefore benefits the surrogate mother and her immediate friends and family. Te child as a member of the society also promises future benefits to the society. I addition, srrogate parenthood, oing to the involved high cost, ientifies with financially stable people and promises the child a.. .
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