Marxism and Surrogacy

In this article, 1 argue that the liberal framework—its autonomous individuals with equal rights—allows judges to justify enforcing surrogacy contracts. More importantly, even where judges do not enforce surrogacy contracts, the liberal framework conceals gender and class issues which insure that the surrogate will lose custody of her child. I suggest that Marx's analysis of estranged labor can reveal the class and gender issues which the liberal framework conceals.     

伦理与法律对冲下的代孕思考

人类辅助生殖技术的进步使代孕成为可能,因女性子宫机能障碍而丧失生育能力的夫妇可以借别人的子宫获得与自己有遗传关系的子女,因而代孕有其社会必然性,合理的非商业化的代孕渐被多数国家接受并立法。我国禁止任何形式的代孕,但是近年来国内不少地区代孕现象屡见报端。通过对代孕现象的探讨分析,建议应从对社会和个人有利的原则出发,制定相应的伦理规范和严格的法律政策,允许代孕技术的合理应用。     

Cutting Motherhood in Two: Some Suspicions Concerning Surrogacy

Surrogate motherhood—at least if carefully structured to protect the interests of the women involved—seems defensible along standard liberal lines which place great stress on free agreements as moral bedrocks. But feminist theories have tended to be suspicious about the importance assigned to this notion by mainstream ethics, and in this paper, we develop implications of those suspicions for surrogacy. We argue that the practice is inconsistent with duties parents owe to children and that it compromises the freedom of surrogates to perform their share of those duties. Standard liberal perspectives tend to be insensitive to such considerations; we propose a view which takes more seriously the moral importance of the causal relationship between parents and children, and which therefore illuminates rather than obscures the stake that women and children have in surrogacy.     

代孕协议法律规制之我见——以代孕双方权利义务为中心

为体现规制代孕协议的公共政策和公平保护当事人的利益,通过对代孕协议的订立、生效和当事人基本权利义务的分析,从法学的角度提出,应对代孕协议的订立和效力进行较多干预,代孕母亲应在身体自治权得到尊重的范围内负有避免出生缺陷的义务和享有获得补偿的权利,代孕双方享有相应的解除权以避免根本利益的损害.     

Ethical Issues in Gestational Surrogacy

The introduction of contraceptive technologies hasresulted in the separation of sex and procreation. Theintroduction of new reproductive technologies (mainlyIVF and embryo transfer) has led not only to theseparation of procreation and sex, but also to there-definition of the terms mother and family.For the purpose of this essay, I will distinguishbetween:1. the genetic mother – the donor of the egg;2. the gestational mother – she who bears and gives birth to the baby;3. the social mother – the woman who raises the child.This essay will deal only with the form of gestationalsurrogacy in which the genetic parents intend to bethe social parents, and the surrogate mother has nogenetic relationship to the child she bears anddelivers. I will raise questions regarding medicalethical aspects of surrogacy and the obligation(s) ofthe physician(s) to the parties involved. I will arguethat the gestational surrogate is “a womb to rent,”that there is great similarity between gestationalcommercial surrogacy and organ transplant marketing.Furthermore, despite claims to freedom of choice andfree marketing, I will claim that gestationalsurrogacy is a form of prostitution and slavery,exploitation of the poor and needy by those who arebetter off. The right to be a parent, although notconstitutional, is intuitive and deeply rooted.However, the issue remains whether this rightoverrules all other rights, and at what price to theparties involved. I will finally raise the followingprovocative question to society: In the interim periodbetween today's limited technology and tomorrow'sextra-corporeal gestation technology (ectogenesis),should utilizing females in PVS (persistent vehetativestate) for gestational surrogacy be sociallyacceptable/permissible – provided they have leftpermission in writing?     

Surrogacy and the Construction of the Maternal-Foetal Relationship: The Feminist Dilemma Examined

The feminist movement remains fundamentally divided over the issue of surrogacy. Within the confines of this article it is argued that the inadequacy of positions on both sides of the debate rests upon their common tendency to deal with the ethical consequences of surrogacy for isolated agents, without sufficient concern for the broader social implications for all pregnant women in society. In order to clarify the issues involved, feminist theorists must consider the implications of surrogacy in a broader social spectrum. Such an analysis will illustrate that the two-person dichotomous model of the maternal-foetal relationship proposed by the surrogacy arrangement has hugely prejudicial effects on the treatment received by non-contract mothers when they interact with agents of certain social institutions whose prior contact with surrogate mothers has made them more susceptible to conceiving the maternal-foetal relationship as fundamentally disconnected. In a climate of increased medical surveillance and intervention in the non-clinical context of pregnancy, the dangers of adopting this dichotomous model are palpable. Given the oppressive physical and psychological effect that this would have upon the liberty of the majority of pregnant women in society, this article argues that the feminist movement must abandon any promotion of the abstracted model of the mother-foetus relationship that is implicit in its arguments in favour of surrogacy.     

But murderers can have all the children they want: Surrogacy and public policy

No new ethical issue is created by reproductive technologies. The state should not intervene to suppress individual rights to take advantage of these technologies, including third party donations. Some individuals will view these technologies as the best available option for having and rearing children. The major values to be protected in public policy ought to be compassion, privacy and procreative rights.     

Knowledge of essence: the conferralist story

Realist essentialists face a prima facie challenge in accounting for our knowledge of the essences of things, and in particular, in justifying our engaging in thought experiments to gain such knowledge. In contrast, conferralist essentialism has an attractive story to tell about how we gain knowledge of the essences of things, and how thought experiments are a justified method for gaining such knowledge. The conferralist story is told in this essay.     

女性主义关怀伦理学视角下的代孕探析

近年来代孕现象频频发生,由此代孕引发的纠纷越来越多.女性主义关怀伦理学是近年来刚刚兴起的新思潮,从女性主义关怀伦理学这一独特的视角对代孕问题进行探析,强调同情、关怀的价值,注重从情境、情感和经验分析,并从包容角度去看待代孕现象.从女性主义关怀伦理学的角度对代孕现象引发的伦理问题进行探析,并在此基础上提出合理的代孕伦理规约,旨在合理利用代孕手段,使其能真正为不孕不育者带来生育的希望,避免出现伦理道德和社会的混乱.     

代孕需求方生殖自主权实现的道德界限辨析

辅助生殖技术的诞生,颠覆了人类的自然生殖模式,为不孕不育者提供了生殖选择的平等机会。从意志自由的视角看,代孕需求方具有生殖自主权。然而,生殖自主权不仅包含代孕需求方的尊严和意志自由内涵,还应包含对后代的养育责任内涵,体现生殖自主权与养育义务的结合。因此,基于保护后代利益原则,权衡尊重自主与不伤害原则,辨析代孕需求方在生殖动因、婚姻关系、养育能力以及与后代联系的道德界限;提出在医学动因的前提下夫精妻卵妊娠型代孕与其他类型代孕的根本区别是道德界限的内外之别。

     

台湾地区“代孕”立法最新进展及其启示

2007年3月21日,台湾地区在广泛调研、民主决策的基础上,终于颁布实施了《人工生殖法》,使争论已久的代孕人工生殖问题与《人工生殖法》正式脱钩,另行规制;此前,《代孕人工生殖法》草案也已经出笼,拟有条件开放代孕人工生殖。相关草案对代孕者、受术夫妻、代孕中介、代孕契约、亲子关系等问题都进行了具体规定。台湾地区的立法经验对祖国大陆完善包括代孕在内的人工生殖法具有一定的借鉴意义。     

Tourette syndrome: relation to children's and parents' self-concepts

We investigated the self-concepts of Tourette Syndrome patients and their mothers. The subjects were 30 children with Tourette Syndrome and their mothers, and 30 children matched on age, sex, and socioeconomic status and their mothers. The results indicated that, while the children did not differ on self-concept, the mothers of the Tourette Syndrome patients had lower self-concepts than the mothers of the controls, suggesting that family members should be considered in the treatment of the Tourette Syndrome children. In addition, severity of illness was positively correlated with the children's reports of behavior disturbance and dysphoric mood, although not with over-all self-concept. These results indicate that in more severe cases of Tourette Syndrome, children may experience emotional problems requiring therapeutic intervention.     

Social Anxiety and Social Surrogacy in College Roommate Relationships

The social surrogate hypothesis proposes that people with higher social anxiety (HSA) recruit others to accompany them into social situations. We tested this hypothesis with college roommates using both hypothetical (Study 1) and retrospective (Study 2) measures, while assessing roommate's perceptions of recruitment and how social surrogacy might influence liking between roommates. Across two studies, we found that HSA participants were less likely to enter social situations alone (i.e. higher conditional entry); however, HSA was related to recruitment only when participants considered hypothetical scenarios, not when recruitment was assessed globally or retrospectively. There was little evidence that HSA participants' roommates were aware of these behaviours, although there was preliminary evidence that less social anxiety might increase liking when roommates perceived more conditional entry. We also found preliminary evidence that social anxiety may be negatively related to liking when participants were less likely to recruit an alternate surrogate if their roommate was unavailable. Taken together, these preliminary findings emphasize the importance of studying the surrogacy process from an interpersonal/dyadic perspective and using methods that will differentiate between anticipated (which may be assessed by hypothetical scenarios) and enacted recruitment behaviours. Copyright © 2017 European Association of Personality Psychology     

Anne's story: A counsellor's dilemmas

One model of counselling is to identify the 'problems' of the client, to facilitate exploration of these problems, and to provide resources for whatever 'change' or 'choice' might best solve, or at least ameliorate, them. It is a tidy model. But life is not as tidy as that. And there is plenty of room in autonomous human relationships for the counsellor to find himself exploited by the client and in conflict with the expectations of society. Before he begins to listen to his client a counsellor should listen to himself, and work out just how much of that kind of ambiguity he can tolerate. This article shows how one client posed some of those questions for one counsellor.     

Family therapy: An evolving story

Contemporary Family Therapy -