Surrogacy Contract Legal Considerations

Asha, a second-year law student, has seen an advertisement on Facebook, seeking young, healthy women to ‘give the gift of life’. She recognizes it as an advertisement for surrogacy services. Upon contacting the agency, she meets the designated contact who briefs her on the terms. She will sign a contract with the agency, under which she will be paid a fee, in addition to medical and living expenses at the hostel where she will be housed for the duration of the pregnancy. She will have no contact with the commissioning parents. She is to hand over the baby through the agent immediately after birth, receive her fee and have no further claim on the agency or commissioning parents. In weighing the decision on whether to sign up or not, she discusses the matter with her classmate in strict confidence. Her classmate’s opinion is that the arrangement is no different from any other contract. In fact, she thinks that it is rather like the rental contracts regulated by the laws of property and contract. After much hesitation, she seeks the opinion of her mother, a staunch Muslim. Her mother is horrified at the arrangement, declaring that it goes against the natural order of procreation. In her opinion, it is no different from prostitution, treats her daughter’s body and the baby as commodities, and should be illegal. Based on your understanding of property theory: a. Advice Asha on whether her classmate’s opinion has a sound basis. [* marks] b. Discuss the extent to which the various theoretical perspectives on property rights offer ethical principles that might guide Asha in making her decision. (* marks)

Asha, a second-year law student, has seen an advertisement on Facebook, seeking young, healthy women to ‘give the gift of life’. She recognizes it as an advertisement for surrogacy services. Upon contacting the agency, she meets the designated contact who briefs her on the terms. She will sign a contract with the agency, under which she will be paid a fee, in addition to medical and living expenses at the hostel where she will be housed for the duration of the pregnancy. She will have no contact with the commissioning parents. She is to hand over the baby through the agent immediately after birth, receive her fee and have no further claim on the agency or commissioning parents. In weighing the decision on whether to sign up or not, she discusses the matter with her classmate in strict confidence. Her classmate’s opinion is that the arrangement is no different from any other contract. In fact, she thinks that it is rather like the rental contracts regulated by the laws of property and contract. After much hesitation, she seeks the opinion of her mother, a staunch Muslim. Her mother is horrified at the arrangement, declaring that it goes against the natural order of procreation. In her opinion, it is no different from prostitution, treats her daughter’s body and the baby as commodities, and should be illegal. Based on your understanding of property theory: a. Advice Asha on whether her classmate’s opinion has a sound basis. [* marks]