The Moral Dilemma of Gestational Surrogacy: Examining the Conflict between State Interests and Women’s Rights

Essay Option 4a: 
For purposes of this essay option, revisit our Discussion Forum for Week Ten (April 1—7), and
consider all the points made therein. Write a formal essay paper answering both the general and specific
questions presented in the Discussion Forum, wherein we discussed how gestational surrogacy,
something we considered to be immoral — back in the era of the Matter of Baby M — has become
accepted in an increasing number of states as having moral worth, and many people admire gestational
surrogacy as a model of feminine virtue. In preparing your paper, show that you have researched the
required reading assignments for that Discussion Forum, namely [1] The Decision of the New Jersey
Supreme Court in the Matter of Baby M., 109 N.J. 396, 537 A.2d 1227 (N.J. Supreme Ct., 1988), [2]
“Surrogate Mothering: Exploitation or Empowerment?” by Laura Purdy (1989), and [3] “Is Women’s
Labor a Commodity?” by Elizabeth S. Anderson (1990). The general question you must address for this
Essay Option is “Can a state’s interest in outlawing a pregnant woman’s sale of her unborn child to
prospective clients, or the payment by such clients to the pregnant mother in exchange for the right to
adopt the unborn child when it is born, ever outweigh a woman’s right to contract with such clients for such compensation prior to becoming pregnant? The specific question is “Would it not be unethical for
the government to permit a surrogate mother to legally contract with prospective clients prior to
becoming pregnant, for the transfer to them in exchange for monetary compensation, of all parental,
including custodial, rights in respect to a child to which she has given birth, or the payment of money by
such clients to the contracted surrogate mother in exchange for the client’s right [a] to require the
surrogate to give up the child for adoption to them if it is healthy, or else [b] to require the surrogate to
abort the child in cases where it is known that the unborn child will be born with Down syndrome?” For
purposes of this Essay Option 4A, you can augment or intensify your individual research, elaborate or to
embellish your points, and demonstrate, in formal essay paper style, the reasoning and argumentation
that led you to certain conclusions that you may have posted in our Discussion Forum for Week Ten.