2012年12月16日 星期日

(revised) Annotation 4: Surrogacy: Complicated and Unsolved Problems in Law and Morality, should we legalize it in Taiwan?




        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. Also in Taiwan, this has become a bid issue for us to discuss about: should we legalize it? 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)

        Second, how do we defined the surrogate mother? 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? What is their purpose 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) Otherwise, 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, it seems that we are hard to chose the best way to legislate the surrogacy, it contains too many complex problems, for now, it is 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 cannot make sure there is no problem anymore, but should we just abandon it? I think if we see it is too complex and difficult to do and we give up, it is not a solution. It is going bad if we don't legalize it. Even though there is still a long way for us to prepare all things orderly and completely to make it legalize, we should all face this difficult situation bravely and solve it.

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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