The question of surrogate motherhood and whether or not it should be legal has created a controversy among lawyers, doctors, feminists, historians, sociologists, men and women alike and crosses over all cultures, races, classes and religions. The overwhelming arguments and evidence indicate that surrogate motherhood should be illegal.
The issues and numerous objections of a moral and legal nature surrounding the question of legality include: baby selling, the legality of the contracts, class advantage (rich versus nonrich), religious beliefs, impact on traditional rights of birth mothers, the psychological impact on the children who are the products of these contracts, indentured servitude and prostitution.
Briefly defined, surrogate motherhood involves a man who wants the services of a surrogate and signs a letter of intent, usually promising to pay the biological mother a fee, plus medical expenses, and to accept the child regardless of physical or mental defects. The cost, including legal fees, medical expenses, and the surrogate payment can cost as much as $40,000. Surrogate moms sign a letter of intent, promising, among other things, that they will not "form or attempt to form a parent-child relationship" (Gallagher 28).
The first recorded case of artificial insemination took place in 1790 (Gallagher 27). And since that time women with and without medical assistance have been assisting infertile couples (usually women) with having a family. Even today, amid the controversy there are surrogate mothers who earnestly like being pregnant and want to assist these couples. Many of these women also believe that "'Once you 'make a commitment you stick with it'" (Gallagher 28). Furthermore, they do not support the theory of automatic bonding between a mother and a baby. "An egg doesn't make a baby, nor a mother either" (Gallagher 28).
At present, surrogate contracts operate in the grey area, neither sanctioned nor ...