Why only the commissioning parents should undertake parental duties in surrogacy cases?

Zeitschrift Für Ethik Und Moralphilosophie 2 (1):5-20 (2019)
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Abstract

The introduction of in vitro fertilization (IVF) results in a separation of sex and reproduction which has generated enormous ethical debate (Lauritzen 1993). Surrogacy makes this situation more complicated by bringing a surrogate mother into reproduction. A surrogacy case may involve five individuals (in addition to the surrogate child). These are the commissioning couple, the gamete donors, and the surrogate mother. Hence, a surrogate child may have up to five parents, including biological parents, commissioning parents, and a gestational parent. The question is which of these people should undertake parental duty? In terms of the acquisition of parental duty, there are three accounts. They are the biological connection account, the causal account, and the consent account. In this article, I try to argue that only the commissioning parents should undertake the parental duty for the surrogate child based on the latter two accounts. I do not apply the biological connection account because the biological connection account fails to explain one’s parental duty, which I will show in the following sections.

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Hanhui Xu
Queen's University, Belfast

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References found in this work

Two treatises of government.John Locke - 1698 - New York: Cambridge University Press. Edited by Peter Laslett.
Causation.D. Lewis - 1973 - In Philosophical Papers Ii. Oxford University Press. pp. 159-213.
Causation and responsibility.Carolina Sartorio - 2007 - Philosophy Compass 2 (5):749–765.

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