2012年12月12日 星期三

Annotation 4: Surrogacy: Complicated and Unsolved Problems in Law and Morality







        As I mentioned in my Annotation 1, I think the method of surrogate mother may be a morally wrong practice. It relates to too many problems concerning to our lives: the surrogate mothers' health, moral problems, the definition of the mother, the position of the surrogate mother, the law, etc. This time, I may put the emphasis on the aspect of moral and law.

        First, I want to talk about the motivation of why people want to use the surrogacy. The first reason, undoubtedly, is those people who lack the ability of giving birth to their children want to have their genetic children. This may be an agreeable reason for people to use surrogacy. However, if the parents just don't want to experience the suffering process of breeding, can surrogacy be a real beneficial way to us? According to the article, if they are in the case of the latter, the parents may lack "symbiotic intimacy" with the children. The "symbiotic intimacy" is like the father kisses the belly of the mother while she is having a baby. " This is an important process to erect the intimate relationship between the parents and the children. Otherwise, if parents are unwilling to devote to their children for other reasons, it is worth skeptical about if they are qualified and ready to be a father and a mother." (孫效智, 1997) Thus, this may arouse the other problem of the surrogacy.

        Second, how do we defined the surrogate mother? What is their purpose of being surrogate mothers? If we defined surrogacy as a mean, just paying the money to use surrogacy, it just like we treat surrogate mother as a "thing", we can easily dispose of it whenever we finish utilizing it, we deprive their human right. We materialize the women who are surrogate mothers. However, if we treat them as a "person", if we take away the children and pay money, we deprive their intimacy to the children. Also, both of the children and surrogate mother may be commercialized. On the other hand, are they really willing to be surrogate mothers? We have known before that those who are the surrogate mothers usually have poor economical situation, thus we can conjecture that "the popular commercialism of surrogacy may lead to a phenomenon that rich women exploit the poor women". (孫效智, 1997) If they don't be in this poor status, they just want to earn money through this way, " they may block the children's self-identification and materialize the interpersonal relationship." (孫效智, 1997)

       Third, since we are hard to chose the best way to legislate the surrogacy, it contains too many complex problems, for now, it seems difficult for us to execute, and it also contains the problem of definition of mother and other aspects in our life. It looks like that even though we legalize the surrogacy in Taiwan, we still can not make sure there is no problem anymore because it is too complicated than we can image, thus I think we should not make the surrogacy legalize.


Reference

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孫效智,〈代理孕母的倫理與法律問題〉,《應用倫理學研究通訊》,中壢:中央大學哲學研究所應用倫理研究中心,期4,1997.10  Retrieved from http://www.ncu.edu.tw/~phi/NRAE/newsletter/no4/01.html







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