The transfer is such that the surrogate does not claim ownership of the child after delivery. In addition, a transaction is a sale of good arrangement if it satisfies essential elements of a contract. These elements are agreement, consideration, legality of subject matter, and contractual capacity. Establishment of agreeable terms that are reduced to a written contract in the surrogacy process identifies agreement between the surrogate and the other party. Involved surgical processes that require consent also identifies agreement by the parties. Consideration is also evident in the arrangement through the amount of money that the surrogate receives for carrying the pregnancy. The practice also occurs under legal framework, requiring attorney’s fees to establish its legality. In addition, the legal process identifies contractual capacity of the contracting parties that includes majority age, sound health, and freedom from intoxication because attorneys would ensure these before overseeing an agreement (Rao 222; Shannon and Kockler 100- 102). The surrogacy arrangement therefore satisfies the legal definition of sale of goods and therefore identifies baby selling. This opinion is informed by the deontology ethical theory that recognizes existing rules in a society and judges actions based on such existing rules.Gestational surrogate motherhood should not be prohibited. Two ethical perspectives support this position. Utilitarianism is one of the moral theories that support surrogate motherhood. The 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. While societies value the family institution and its composition, lack of a child has moral harm that could emanate from intrinsic or extrinsic forces. A woman 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. Having a child through surrogacy however reduces the burden and therefore benefits the surrogate mother and her immediate friends and family. The child as a member of the society also promises future benefits to the society. In addition, surrogate parenthood, owing to the involved high cost, identifies with financially stable people and promises the child a
Rao, Peddina. Business law. New Delhi: PHI Learning Pvt. Ltd., 2013. Print.
Shannon, Thomas, and Kockler, Nicholas. An introduction to bioethics. New York, NY: Paulist Press, 2009. Print.
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