Should State or Federal Law Regulate Assisted Reproduction

A large number of couples cannot have children through the normal biological process. Some have welcomed surrogacy as a solution to their problem, while others take it negatively (Freeman, 2007). It raises many questions, for example, what are the reasons that make a woman become a surrogate mother, and why should someone lend her body to someone else for free. Other problems closely associated with surrogacy include moral, legal and religious issues. This process involves taking a sperm and an ovum from a couple and implanting them into another woman. The latter is a recipient and becomes a surrogate mother to the infant. She has no biological ties to the child born. Due to the above problems, state or federal laws should regulate assisted reproduction.

The United States government believes that the good of giving the chance of being parents to those unable to have a family outweighs any drawbacks resulting from surrogacy control. However, the federal government is fast in clarifying that this should be carried out pursuant to the established law. It is a result of many fundamental issues raised by assisted reproduction (Freeman, 2007). The fundamental rights of privacy ensured by the United States Supreme Court give a woman freedom to control her reproduction. It implies that she can control her pregnancy. A woman can engage herself in the process of surrogacy without the government inflicting any legal procedures on her. It includes “hiring” a woman to carry a child and nurture it. Her drugs, smoking and alcohol consumption should be monitored. Both parties should work to achieve the same goals, namely ensuring that the child is safe.

From the ethical point of view, Adventists agree that technologies should be embraced to assist in procreation those, who do not have the capability. However, they greatly disregard those, who undergo the process for other reasons than barrenness or medical issues (Cooper & Glazer, 2007). It is because quite a number of educated women, especially in the West, resort to surrogacy. Since they are wealthy, they can “rent” another woman to carry their child to have their businesses uninterrupted. However, the law states that there must be a contract before the process starts. It is intended to safeguard and define the ownership of the child, as well as terms for the surrogate mother. The latter is normally paid some money at the end of the process (Cooper & Glazer, 2007). Some people compare surrogacy to adoption. Affidavits should be available for the two parties. Thus, clear documents should exist concerning the agreement. Surrogates should normally have an attorney, who will assist them in drafting their terms of service, which should be honored. Parents have the responsibility of ensuring that there are documents that will show the identity of the child, for example, the birth certificate, which will include the names that they propose for their child, and which cannot be influenced or altered by the surrogate mother (Cooper & Glazer, 2007).

Christians believe that children are marriage gifts given by God. According to The Bible, God instructed a man to go and reproduce himself (Cooper & Glazer, 2007). Couples in marriages are united, when they conceive a child. With the increasing percentage of couples unable to conceive, surrogacy becomes a relief to them. It has brought about disagreements among churches on whether surrogacy should be allowed or not. Some argue that God has given a man the technology that facilitates this process and the freedom of choice. Thus, it is upon a person to decide on the matter. Another question that arises is whether single women should practice surrogacy, since the church believes that children should be born in a marriage between two people (Cooper & Glazer, 2007).

Surrogacy can be traced back to Abraham and Sarah in The Bible. Abraham’s wife had their servant bearing her a child. It brought about jealousy between the two women and led to chasing away the servant. Although nowadays copulation does not exist in surrogacy, the law has laid down the way forward when dealing with issues related to surrogacy (Wikland, 2004)

The moral question that clearly arises is how parents will explain to the child how he or she has been conceived. It is a challenge for many parents, due to they keep it as a secret during the whole lives because of possible negative implications that may be caused by the society. Other ethical issues that arise involve the privacy of a surrogate mother (Wikland, 2004). The latter is closely monitored to guarantee the child’s safety. Problems often arise, when such a mother decides to keep her life private. Another ethical issue raised is that the surrogate mother will sell the baby after its birth. Normally, the law allows abortion, when the lives of the mother, the embryo, or both, are in danger. It becomes another ethical issue. The surrogate mother can abort the fetus or even decide to keep the child after birth.

In conclusion, there are many issues that arise from an assisted birth. The government should give clear guidelines in the form of laws that define the terms of service and the relationship between the two parties and the child. Laws should be enforced to ensure that there are no conflicts concerning the ownership of the child, and the rights of each party should be protected. The church should also advise members concerning the matter. Attorneys should be there to help draft agreements and contracts between surrogates and parents. It will ensure that no conflicts or differences arise, and that all parties’ respect each other's rights (Wikland, 2004).

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