The Ethics of Surrogate Motherhood: Biology,Freedom,and Moral Obligation

Andrews Lori B. , “Feminist Perspectives on Reproductive Technologies,” unpublished conference paper. Available from the author: Andrews Lori B. , American Bar Foundation. 750 Lake Shore Drive, Chicago, IL 60611.

Id.: 40 (emphasis added).

A prior question, which I consider less morally problematic, is the morality of interfering technologically in the human reproductive process in order to enable conception through an action other than sexual intercourse. Although strong statements have been made against such interference, I do not find the moral arguments against them to be strong, nor are such interventions legally questionable in the United States. For the negative arguments, see the Vatican's Instruction on Respect for Human Life in Its Origin and on the Dignity of Procreation: Replies to Certain Questions of the Day , dated Feb. 22, 1987, and issued on March 10 with the signature of Cardinal Joseph Ratzinger, Prefect of the Congregation for the Doctrine of the Faith. The full text was published in the New York Times , March 11, 1987. For critical discussion of these arguments, see Cahill Lisa Sowle McCormick R. A. , “The Vatican Document on Bioethics: Two Responses,” America, 156, no. 12 (March 28, 1987): 245–48; and Krauthammer C. , “The Ethics of Human Manufacture,” Conscience, 3, no. 3 (May/June 1987): 8–12 (originally published in The New Republic, 1987).

In re Baby “M,” 217 N.J. Super. 313, 525 A.2d 1128 (1987).

Id. at 323, 525 A.2d at 1132.

Id. at 373–74. 525 A.2d at 1158.

Id. at 375, 525 A.2d at 1159.

Id. at 328, A.2d at 1135.

Id. at 391, A.2d at 1167.

Id. at 388–89, A.2d at 1166.

Id. at 408, A.2d at 1175.

Id. at 331, A.2d at 1136.

Id. at 386, A.2d at 1164.

Annas George J. , “Baby M: Babies (and Justice) for Sale,” Hastings Center Report, 17, no. 3 (June 1987): 13–14.

Andrews , supra note 1, at 14.

Rothman B. K. , “Surrogacy: A question of values,” Conscience, 8, no. 3 (May/June 1987): 2–3.

In re Baby “M,” 217 N.J. Super. 374, 525 A.2d at 1158.

Id. at 372, 525 A.2d at 1157.

Andrews , supra note 1, at 33.

In re Baby “M,” 217 N.J. Super. 348, 525 A.2d at 1144.

See especially the nine criteria offered by Dr. L. Salk, in id. at 362–63, 525 A.2d at 1151–52.

Annas , supra note 14.

Krauthammer , supra note 3, at 12.