Response to these two discussions 1. I
Response to these two discussions 1. I agree that biology trumps a contract since there is that direct connection of mother to the baby however it is also difficult to say that I agree with the ruling because when that contract was signed, the surrogate knew what was agreed upon before anything even happened. I understand that she developed a connection after the baby was born, but the Sterns agreed to having her as the surrogate. And yet, this clashes with the principles of autonomy and reproductive rights, as, to some degree, it removes the biological mother’s autonomy and right to her child. i think there is a significant difference between traditional and gestational surrogacy. In a traditional surrogacy, the carrier would have genetic lineage to the baby since her egg would be used. In the case of a gestational surrogacy, the egg and sperm from the mother and father would be used and the surrogate would have no biological connection to the baby. However regardless of traditional or gestational, the surrogate is ultimately agreeing to carrying for a couple and should not let their personal feelings interfere with what it is they agreed to doing. This case shows a surrogate who tries to go against what she agreed to in the contract and also this back and forth of who is to get the child. The bigger issue from what I took away from this is that the baby seemed as if it was an object over a human being. It turned more into who should get the baby versus what would be in the best interest of the newborn. 2- I would have to honestly agree that biology trumps a contract. In this case, Mrs. Whitehead’s egg was used and fertilized by Mr. Stern’s sperm. Mrs.Whitehead is considered the genetic and gestational mother. She was a partial surrogate and thus, automatically had parental rights to Baby M. Mrs. Stern did not have any legal rights to the unborn baby at all as she would just be a rearing parent. I think Mrs.Whitehead was entitled to change her mind about giving up her biological baby forever despite the surrogate contract arrangement. If she was an complete surrogate then I would disagree, but since she was a partial surrogate, I agree with the court’s decision even though the case ended with Mrs. Whitehead receiving only visitation rights. It was still worthwhile since she was the biological mother of the baby. SCIENCE HEALTH SCIENCE NURSING MDA 2410
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