Research paper: Should Surrogate Mothers Be Legalized in Taiwan?

Should Surrogate Mothers Be Legalized in Taiwan?

       Should we legalize the surrogate mothers in Taiwan? Difficulties of bearing a child, the scientists invent one kind of technology that can make a couple bear their children in other women's womb. Those mothers who bear the children are called surrogate mothers. Taiwan's government is planning to enact a law to prevent the utilization of surrogate mother from abuses. Although it is still a draft, it means a big progress to this issue. However, the draft also enhances the controversy around technology. There are two different positions in Taiwan, thus it is harder for this draft being passed in Legislative Yuan. There are some advantages and disadvantages to this issue, I will discuss it below.

       There are many advantages of using the surrogate mothers according to different mothers and situations. Surrogate mothers can easily solve the problems of infecundity for mothers which have no wombs because of serious illness or have the womb hypoplasia. Mothers can have their genetic kids through the use of surrogate mothers, and that truly inspires those mothers a lot. Otherwise, it can offer a good way for homosexuals to have their own genetic descendants by exchanging their sperms and ova between gays and lesbians. It is also a kind of revelation of women's decision-making power which they can decide the way of having a child. We can also see that many areas legalize the surrogate mothers, such as England, Korea, Hong Kong, etc. It is a critical progress in this event. Otherwise, it also reveals that it's not impossible to make it legalize peacefully and well-orderly.

        However, there are also many disadvantages that affect our society and we can't nearly ignore them. First, the surrogate mothers may violate the contracts which mention that they have to return the children to their parents who provide sperms and ova, thus it may arose the disputes on legislation, even to legal proceedings. Otherwise, we can't avoid the surrogate mothers' unrelated demand during the time of pregnancy, and if the real parents don't consent their requests, will they hurt their children? That's a big question, and how can we solve it? Moreover, if children know that they aren't born from their own mothers' wombs but other women's, they may have a question that who is their real mother? Besides, the child will be regarded as a product that can be sold and the procreation can be seen as a trade. Also, the cost of surrogate mother is too expensive: only people who are in high or middle-high social status can afford it. Thus, it may reinforce the gap between capitalists and laborers. Furthermore, it will also arose the problems of prenatal education: who should take this obligation and how does the prenatal work? Moreover, if their concepts of prenatal education are different, how do the real mothers deal with and know if the surrogate mothers do the same things as the results they discuss? That is worth pondering.

        There will be many problems if surrogate mothers are legalized in Taiwan in the future. Although there are many hidden or obvious difficulties wait for us to solve, we still cannot ignore and against to them. However, escape is not a good way, we should face it. I'm standing in the positive position for supporting the legalization of surrogate mothers. If we can regulate and execute it on proper price, usage, concepts, and so on, they are truly beneficial to our society.

Surrogacy is morally wrong?

        Surrogacy is seen as a morally wrong way to use. "Surrogacy will be destructive of intimate relationships by giving birth to the couple's child." (Ozolins, 1998) That is, the surrogate mother is seen as a third person through a marriage that was originally formed by a husband and a wife. On the other hands, the surrogate mothers also have the intimate link with the children. "Since we cannot deny their position and importance to the children, this may cause the problem of self-identity to the kids because the children may be confused that who their real mother is." (Ozolins, 1998) If we treat the surrogate mother as a person ,and then we take the children away, it may exploit her right to own. Accordingly, it might cause the surrogate mothers' psychological problems. How do they feel when the kids that they give birth to are taken away and how do they overcome the mood?

        Payment is another issue. Nothing can pay for the psychological and biological hurt of surrogate mothers. Although some people may think they are willing to do that, they are struggling for life. For those uneducated women, they may have no other choices but to take this as a career in order to afford the enormous fee for their lives and their families. However, it's still not a good option for them to choose because it has some biological harm to them. Moreover, the cheaper the payment is, the more exploitation they will suffer.
　　If we regard the surrogate mother as a "hired artificial womb" or "artificial baby carrier"(Ozolins, 1998) , then we treat her as a thing, not a person. We materialize the surrogate mothers. From this point of view, "she is no longer a third party intruding on the unity of the spouses."(Ozolins, 1998)  However, everyone has the right to be treated as a person. If these surrogate mothers are seen as a mean, then the law cannot protect them from risks according to the law for human rights. Therefore, they may be easily indulged in dangers and be exploited. They do not have methods to protect themselves. Therefore, regulating them into the law can give them protection and human right because we treat them as "humans" and put them into the law. Moreover, if we practice the surrogacy in a right way and appropriate law, it’s not morally wrong anymore.
Surrogacy is helpful for survival and gives hope to people

        "Some women earn money as surrogate mothers, especially in India and for those who are poor and uneducated women. This new kind of career gives them hopes and encouragements for living, and they can even earn more money than the normal women earn." (Russia Today, 2012)

        As the situation said by Dr. Ranjana Kumari, a woman's right activist in India, it seems there is no other proper way for them to survive, but we can learn that many women also find a new career as surrogate mothers to brighten their way to the future. They can afford their own children's education, the cost of taking care of their parents, and of course the life themselves.

        However, some people who are worried about the surrogate mothers somehow have intimate connections to the children. How do they feel if they send the children back to their parents? Those surrogate mothers can take their jobs as a career without interests, too. They may not have emotional or intimate connections or feelings to the children. They just take the jobs in order to afford themselves. Moreover, the children even do not have strong biological connections to the surrogate mothers besides the children are growing up in their wombs. However, to be a genetic "mother" is different. Because of the genes of the children have intimate connections to the mother. This kind of relationship between mothers and children is more inseparable.

        In India, taking the surrogate mothers as career is legal. It's more cheaper for people there to have surrogate mothers to give birth to their children. Moreover, not only the surrogate mothers gain hope in their lives, the original parents also receive happiness. They will have little adorable gifts that they may not have before. This is wonderful for those who want to have their genetic children but can't fulfill their dreams. We can see the delighted smiles on the parents' faces who use surrogate mothers, they solved the problems of vibriosis and had a happy life. Although some people may think of adoption, others still put emphasis on the genetic relationship to their children. They think that genetic children are totally different; they care more about the biological connection. To them, surrogacy provides a good method and solution to the vibriosis, it's beneficial to their lives, their families, so why should we prohibit it? As long as we have a proper and thorough precautionary measures to the problems which the surrogacy results in, I think it’s a good technology for us to carry out.

Surrogacy: A New Hope for Gay Couples

　As I mentioned in the beginning, surrogacy can also give a resolution to gay couples who want to have their own children. We can see from the video that the gay couple was happy for having their genetic child through surrogacy. They showed their delight to have the child. It seemed that the surrogacy gives them a new hope to their life. They are full of joy, and the child is their happiness.

Many people object to make gay couples adopt children because of their sexuality reasons in many nations. "Since it becomes very difficult for gay couples to adopt children, surrogacy is the only option left for them to have a child." (Edwards, 2012) Otherwise, having their own genetic children through this way also has many advantages:

　They can as a result get pleasure from the security of 

　having a child which is naturally theirs. They can also aid 

　the surrogate mother at some stage in the tenure of her 

　pregnancy and make certain of her good health and that of 

　their unborn child thereof. Knowing the surrogate mother's 

　past history will guarantee you of the health of your unborn 

　child. (Edwards, 2012)

Thus, we can realize that the surrogacy not only helps the couples who are unable to have their own children through fertility problems but also assists gay couples to fulfill their dreams of having genetic children.

　Surrogacy gives many people hopes and happiness, so why do we prohibit it? There are two problems: the surrogate mothers may be treated as objects to give birth to other people’s children, and second, they are forced to be as a surrogate mother by their families because of the financial problems. However, we can think of this event in other ways. For example, surrogate mothers not only help their own families to solve the financial difficulties but also help others’ families to give them new hopes with genetic children, we are in other words all beneficial from this technology.

　However, I have to admit that this technology for the gay couples really have defects. That is, when the children grow up, they may ask where their real mothers are and they may also be discriminated by other people. Thus, how we can use this technology right and how we can avoid the problems are really big issues to us. We cannot deny the trend which more and more gay couples have their own genetic children through surrogacy. Otherwise, there are increasing homosexuals being accepted and admitted by the society, we must have to face the fact that there will be a increasing proportions that homosexuals want to have their own children, thus having proper methods and law to practice surrogacy is necessary.

Surrogacy: Complicated and Unsolved Problems in Law and Morality, should we legalize it in Taiwan?

        Surrogate mother may be a morally wrong practice. It relates to too many problems concerning our lives, such as the surrogate mothers' health, moral problems, the definition of the mother, the position of the surrogate mother, the law, and so on. In Taiwan, a big issue involving surrogate mothers is: should we legalize it? I would discuss this issue from the perspectives of morality and law.

        Why do 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? "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 skeptical about if they are qualified and ready to be a father and a mother." (Xiao-zhi Sun, 1997)

        Second, 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 situations; thus we can conjecture that "the popular commercialism of surrogacy may lead to a phenomenon that rich women exploit the poor women". (Xiao-zhi Sun, 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." (Xiao-zhi Sun, 1997)

        Third, it seems that it is hard to choose the best way to legalize the surrogacy. For now, it is difficult for us to execute, and it contains the problem of defining mothers and other aspects in our lives. 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? If we see it is too complex and difficult to do and we give up, it is not a solution. It is going worse if we don't legalize it. We should regulate the motives of using surrogate mothers, and the purpose and qualification of being surrogate mothers, so that we can decline the portion of the misgivings that I mention above. Thus, legalization of surrogacy is essential.

        As I keep mentioning above, we should legalize the surrogate mothers in Taiwan. Only to legalize it, the problems such as the abuses of surrogate mothers, the commercialism and materialism of surrogate mothers and children, and so on can be solved. We should enact a proper and completed law to carry out the surrogacy. Only having a thorough precautionary measures to the problems can surrogacy be beneficial to our society. Even though there is still a long way for us to prepare orderly and completely to make it legalize, we should all face this difficult situation bravely and solve it.

References

-Olizons, John. (August, 1998). Surrogacy: Exploitation or Violation of Intimacy? Retrieved from http://www.bu.edu/wcp/Papers/OApp/OAppOzol.htm

-Russia Today (February, 2012). Surrogate Solution: Indian women sell wombs for survival. Retrieved from http://www.youtube.com/watch?feature=player_embedded&v=H0Z1pbzpbeQ

-Edwards, Christopher. (March, 2012). For Gay Couples, Surrogacy Is Like a Light of Hope. Retrieved  from http://goarticles.com/article/For-gay-couples-surrogacy-is-like-a-light-of-hope/6199140/

-NewsX Online. (February, 2012). Commercial Surrogacy: A New Hope for Gay Couples. Retrieved http://www.youtube.com/watch?v=CLkUCfywazQ&feature=related

-Sun, Xiao-zhi. (October, 1997) The problems of moral and law about surrogate mothers. Communication for Research of Applied Ethics (4th ed. ). Chungli: National Central University Graduate Institute of Philosophy Center for Applied Ethics. Retrieved from http://www.ncu.edu.tw/~phi/NRAE/newsletter/no4/01.html