Highlight a specific
case, such as the Baby M Case, and identify the legal, ethical, and moral
issues presented in the case.
Surrogate Denied
Custody of Child
Santa ANA, Calif. in 1990 there was a case where a woman
agreed to be a surrogate for a couple and after delivering a baby boy she then
wanted to keep him as her own or at least wanted parental rights. (Mydans S.
1990) This case made it to a superior court judge and her parental rights where
denied, judge stated “two parents are better than three”. (Mydans S. 1990)
The surrogate felt she had a legal right as she carried the baby
boy for a full pregnancy; another aspect is there is a contract that both
parties entered into and are required to uphold. (Mydans S. 1990) The ethical
and moral points were no matter where a baby grows the genetics of this said
baby is who he/she is. (Mydans S. 1990) This case along with similar ones brings
to light the Baby M case from New Jersey in this case the surrogate was both a
home and a genetic parent to the baby. (Mydans S. 1990)
Explain what criteria you used to determine whether the issues were legal, ethical, or moral or a combination of the three.
Back to the Calvert case the egg was from Mrs. Calvert and
it was fertilized with Mr. Calvert sperm through Vitro and the only reason they
could not conceive and carry a baby without a surrogate was Mrs. Calvert had a
hysterectomy however her ovaries stilled functioned normally. (Mydans S. 1990) The biggest thing is the young lady who
became the surrogate did so under a contract which paid her for a service she
agreed to provide. (Mydans S. 1990)
This case to me is a combination of legal, ethical and
morals all wrapped into one. Who has the rights to the baby and under what
circumstance warrants that right? The fact that a contract was written and
signed not to mention the surrogate was paid, by her trying to gain any rights
shouldn’t that be consider a breach of contract; she knew what she signed and
she agreed to the terms by accepting payment. (Mydans S. 1990)
The ethical and morals combination comes into play with the
debate regarding nature versus nurture, because of today’s advances in
medicine; what role does genetics play? Was the judge in the right by stating “the
role of genetics plays a decisive role”? (Mydans S. 1990)
This case to me
brings to light all the ways a baby or child becomes part of a family, be it by
natural birth, surrogacy or adoption; is it genetics or environment? Is there a
difference between being a surrogate or foster parent? For me the answer is
they are the same; as a mom myself. I do not doubt that you can bond with a
baby you carry for 9 months even if it is not yours biologically: no different
than a foster parent I am sure does, however both have enter into a contract
and understand it is in the purpose to help a family have a baby or take care
of said baby or child after they are here.
Examine the common misconceptions of ethical values versus moral principles. Clearly define the characteristics of each and provide real life examples to help students better relate.
Ethical values: is a set of established principles governing
behavior. (The Free Dictionary 2015)
An example of ethical values is not treating people
differently because of their religions, ethnic backgrounds, genders, ages or
disabilities.
Moral principles: are the principles of right and wrong that
are accepted by an individual or social group. (The Free Dictionary 2015)
An
example of moral principles is; you should not take what does not belong to you.
Mydans S. (1990) The New York Times: Surrogate Denied Custody
of Child. Retrieved From: http://www.nytimes.com/1990/10/23/us/surrogate-denied-custody-of-child.html
The Free Dictionary (2015) Retrieved From: http://www.thefreedictionary.com/
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