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Gestational surrogacy and the health care provided: put part of the "IVF Genie" back into the bottle (1990)
| Content Provider | CiteSeerX |
|---|---|
| Author | Rothenberg, Karen H. |
| Abstract | Medical advances in new reproductive technologies con-tinue to raise complex legal and ethical issues. Last October, a California Superior Court judge issued his opinion on the first contested case in this country involv-ing gestational surrogacy. 1 Upholding the surrogacy con-tract as valid and declaring that the genetic parents had exclusive custody and parental rights, Judge Richard Parslow observed: The IVF genie is out of the bottle and you're not going to be able to put it back.2 I contend that we must put part of the genie back into the bottle. Gestational surrogacy is not an acceptable option for the extension of in vitro fertilization (IVF). This is not a reaction to the facts of the California case, but rather a recognition that the medicalization of surrogacy as a reproductive technology attempts to legitimize a practice that professionals should not support. Following a brief discussion of Johnson v. Calvert, the recent California case, I will summarize the status of U.S. and international laws and policies on surrogacy, with particular attention to gestational surrogacy. I will also discuss recent ethical positions on surrogacy issued by health professional organizations. With this background established, I will outline my position on why the ethical and legal risks inherent in gestational surrogacy require professionals to reject it as a reproductive alternative. An earlier version of this paper was presented at the Interna-tional Symposium on the Beginning of Human Life, University |
| File Format | |
| Journal | Law, Medicine and Health Care |
| Language | English |
| Publisher Date | 1990-01-01 |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
