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Essay / The Case for Commercial Surrogacy - 1527
Surrogacy is a scientific alternative to women's natural ability to procreate. It has become an attractive substitute for new couples due to adoption concerns, fertility issues, or high pregnancy risks. However, many still question the effectiveness of surrogacy as an alternative to natural reproduction. Proponents cite the benefit of giving couples offspring. In fact, commercial surrogacy is considered mutually beneficial; the surrogate mother earns money while a baby is given to the other contracting party. On the other hand, those who oppose it view surrogacy as an approach that reinforces the devaluation or dehumanization of both the offspring and the woman who lends her womb. I believe that commercial surrogacy contracts should not be enforced and declared illegal for the following reasons: reasons. First, the subject matter of this contract is a disputed point; and on the other hand, the terms of this contract are contrary to public order. According to article 1305 of the Civil Code, “The contract is the agreement between two people by which one undertakes, with regard to the other, to give something or to provide a certain service. » Furthermore, Article 1318 highlights the conditions required for a contract to take place: “(1) the consent of the contracting parties; 2° the certain object which is the subject of the contract; and (3) the cause of the obligation that is established. The usual arrangement in commercial surrogacy includes an agreement, usually by contract, for the surrogate mother to be "artificially inseminated with the sperm of the infertile couple's husband, to carry the fetus to term, and to forgo his parental rights at birth. in exchange for money. We can say that in the middle of a paper... prosecutions for the 21st century. Ed. John M. Eekelaar and Petar Sarcevic. Dordrecht: Martinus Nijhoff Publishers, 1993. 135-144. Macklin, Ruth. “Is there something wrong with surrogacy?” » SurrogateMotherhood: politics and private life. ed. Larry Gostin and Lawrence Gostin. Bloomington and Indianapolis: Indiana University Press, 1990. 136-150. Markens, Susan. Surrogacy and reproductive policy. Los Angeles: University of California Press, 2007. Posner, Richard. “The Ethics and Economics of Enforcing Surrogacy Contracts.” » Applications of feminist legal theory to women's lives: sex, violence, work and reproduction. Ed. Kelly Weisberg. Philadelphia: Temple University Press, 1996. 1105-1111. Recht, Steven. "'M' is for Money: Baby M and the Surrogacy Controversy." » American University Law Review 37 (1988): 1013-1050.