Surrogacy, Ethical Aspects
From viewpoint owners, and accepting subrogation from the ethical point of view, there is sufficient medical conditions that require the regulation of this technique to benefit women in need. Also, given the legal precedent discussed above, the current situation concerning subrogation only favors women with more financial resources. Therefore, assuming legalization should be the following conditions:
Subrogation should be understood as a contract altruistic, voluntary and disinterested, so the surrogate mother should not receive any monetary compensation in payment for service. Nevertheless, as acknowledged by the Spanish laws on gamete donation, it seems necessary to compensate for the inconvenience, expense and loss of earnings resulting from pregnancy, as it can not be understood to outweigh the risks, and the mother assumes gestation guided by altruism.
The ideal way to realize this would not be put off depending on the wishes of the applicants or resources of subrogation, or the claims of the mother of gestation. Thereby generating a market interests that patients with greater financial resources could more easily access procedures would be avoided, and women search the subrogation potential source of economic benefit.
These ethical deviations from the model, which do occur in the United States, could not be avoided (which is why many professionals are against the authorization of the art) but at least recommendations could be reduced if the amount of would be established compensation, and if the management of these were entrusted to external bodies, i.e. not related to surrogate, the surrogate mother or health professionals involved in the care process.
There is a possibility that altruistic, voluntary and free character (not mediated by economic consideration) of the uterine surrogacy becomes distorted. Will the surrogate mother may be primarily chrematistic get a benefit or surrogates may try to encourage the provision of a woman to be subrogated your uterus increasing the amount of compensation. Some ethicists have pointed reproduction that the only truly effective solution to prevent these deviations would remain anonymous mother regarding surrogate gestation, following the same procedure as for gamete donation.
Other problems are the ethical issues concerning the risks of gestational surrogate mother facing. The extreme situation that may arise is the need to perform a therapeutic abortion in cases of life-threatening for the patient generated by it. In this situation, the protection of health and life of the surrogate, which should take precedence over all other considerations, has already generated legal disputes in countries where Surrogacy IVF Delhi is permitted.??
Moreover, it is not uncommon for pregnant mother claims to have developed prenatal bonding with son geste, and invoking these links to request cancellation of the sale to the right surrogate parentage. These frequent in the United States, disputes have been resolved with favorable rulings both the surrogate and the surrogate. Only in the state of California there is unquestionable doctrine emanating from its Supreme Court, which states that must always override the rights of the surrogate, and the surrogate can not revoke the terms of the contract and apply for affiliation. Regardless of the legal issues, which are far from being resolved as can be seen, the company would face a preliminary ethical debate on the delimitation of the rights of the surrogate mother and surrogate regarding generated and unborn child.