Introduction and thesis statement
The gestational mother should not be granted a right to co-parent a child in a situation of surrogacy. Surrogacy refers to an arrangement whereby a surrogate mother gives birth to a child with an intention to give it out to the intended mother (Söderström-Anttila et al. 261). Various key factors culminate to the engagement of such a partnership. Infertility and obstetric complications are among the common elements. Surrogacy can be traditional or gestational. The former implies that the begotten child is biologically related to the surrogate mother whereas the latter means that the child is biologically related the intended mother. Surrogacy arrangement raises an issue as to whether the gestational mother should assert a right to co-parent the child. The case study details two individuals: Ellen and Ms. Jones. Ellen is a gestational mother whereas Ms. Jones is the intended mother. However, upon delivery Ellen asserts that she should be granted a right to co-parent the child. The paper explains the issues as to why it is not right to grant Ellen the right she is seeking. This research plan for this thesis was based on literature review.
Ellen cannot claim a right to be co-parent since that would breach the rule of surrogacy. In most cases, people choose to seek a help of a surrogate mother as a result of an inability to naturally beget a child. The sole goal of surrogacy motherhood is to assist such individual to have a biologically related child. Both parties have to draft and sign a consensus. Often the agreement gives the full parental right to the intended parents. Therefore, a surrogate mother should not assert to be co-parent since it contradicts with the rule of surrogacy.
Secondly, she cannot assert a right to be a co-parent since it is against the law. Although the laws governing traditional surrogacy differ from one country to another or even from one state to another, some countries have very definite laws governing the parenthood of the child. For instance, according to the Illinois Compiled Statutes, the intended mother is granted the right to be the mother of the child. The Illinois Compiled Statutes further state that the child born of gestational surrogacy should be considered to be a legitimate child of the intended parent. Therefore, in such a state it would be illegal for Ellen to assert her right to be a co-parent.
Moreover, such an arrangement would significantly cause psychological harm to the begotten child (Jadva & Imrie 3). Traditionally, a child is born from a single parental mother. To this effect, every child believes to have only one mother. Owing to the fact that the surrogate mother is seeking a co-parenthood and not guardianship, such an arrangement would cause a psychological torture to the child. The child will also face the identity crisis. The child will be in a state of confusion in determining to which mother he or she should identify him or herself to. Truly, a co-parenthood would be unfair to the child, and thus it should not be permitted.
If Ellen asserts a right to be a co-parent, it would be unfair to the intended parent, and it can raise emotional issues. It would be unfair for a gestational mother to deny the intended mother a full happiness she was seeking. A child is regarded as a cause of happiness in every family setting. It is human nature to be happy when they have a biologically related child. When a gestational mother seeks a right to co-parent a child, such an arrangement would deny the intended mother a source of happiness and crush her hope to have a sole biologically related child.
Conclusion
Works Cited
Jadva, Vasanti., and Susan Imrie. “Children of Surrogate Mothers: Psychological Well-Being, Family Relationships and Experiences of Surrogacy.” Human Reproduction 29.1 (2013): 90–96. Web.
Söderström-Anttila, Viveca, et al. "Surrogacy: outcomes for surrogate mothers, children and the resulting families—a systematic review." Human reproduction update 22.2 (2016): 260-276.
