Abstract
The introduction of in vitro fertilization (IVF) results in a separation of sex and reproduction which has generated enormous ethical debate (Lauritzen 1993). Surrogacy makes this situation more complicated by bringing a surrogate mother into reproduction. A surrogacy case may involve five individuals (in addition to the surrogate child). These are the commissioning couple, the gamete donors, and the surrogate mother. Hence, a surrogate child may have up to five parents, including biological parents, commissioning parents, and a gestational parent. The question is which of these people should undertake parental duty? In terms of the acquisition of parental duty, there are three accounts. They are the biological connection account, the causal account, and the consent account. In this article, I try to argue that only the commissioning parents should undertake the parental duty for the surrogate child based on the latter two accounts. I do not apply the biological connection account because the biological connection account fails to explain one’s parental duty, which I will show in the following sections.
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Notes
The natural procreation here indicates procreation without using assisted reproductive technology.
Added by the author.
http://www.legislation.gov.uk/nisi/1987/2203/contents/made (Accessed on 5th July, 2017).
http://www.legislation.gov.uk/nisi/1987/2203/contents/made (Accessed on 5th July, 2017).
Whether selling babies is morally permitted or not is not this paper’s topic. I use this example to show that in such cases, consent to have a child does not imply that the couple have consented to undertake parental obligations to their biological child.
Alison and Jim are an infertile couple who want to have a baby by surrogacy. After signing the contract with a clinic, a physician implants gamete, which are from donator Beth and Alex respectively, into a surrogate mother Carrie’s womb. Ten months later, the baby, Ella, is born.
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Xu, H. Why only the commissioning parents should undertake parental duties in surrogacy cases?. ZEMO 2, 5–20 (2019). https://doi.org/10.1007/s42048-019-00030-x
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DOI: https://doi.org/10.1007/s42048-019-00030-x