This paper will discuss the pros and cons of surrogacy. Surrogate motherhood occurs when a woman agrees to bear a child for another woman. Surrogacy became a controversial issue in 1986 with the "Baby M" case, in which Mary Beth Whitehead agreed to bear a child for Bill and Betsy Stern, an infertile couple. Ms. Whitehead later changed her mind about giving up the infant. A great number of philosophical questions were raised by this incident as Mr. Stern, the biological father, and Ms. Whitehead battled over custody rights in court.
The case raised questions regarding the rights of a natural mother versus those of the natural father's wife; the extent of a father's rights in his role as financial provider; the importance of the mother-infant bond; the extent to which a surrogate mother has a right to her own body; the extent to which a surrogate mother has a right to change her mind; the reasons why couples tend to place such great importance on the need for having children; what the best interests of the child are; and the extent to which the government should intervene or legislate in such cases (Chesler 8-11).
Although many arguments have been presented in opposition to surrogacy, this paper will take the position that a woman has the right to make decisions regarding her own body and that the practice of surrogate motherhood should be both legal and regulated. At the same time, this paper will argue that a surrogate mother should be treated fairly and accorded certain rights, including the right to change her mind under certain circumstances.
The positive aspects of surrogacy can be summarized briefly. On the assumption that a woman has the right to make her own decisions about her body, it can be seen that some women may benefit from being surrogate mothers in that it may give them a chance to do something meaningful for a childless couple or that it may provide them an opportunity to earn some money in a time of...