Friday, February 20, 2015

Get Your Moral Hands Off My Ethics Laws!

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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