Many surrogacy. “There are cases where friends or

Many scholars have written about commercial surrogacy, which
involves a contract in which a woman agrees to carry a child for another person
to whom she will relinquish the child when it is born. The typical case
involves a married couple who cannot have their own biological child because
the wife is infertile. Therefore, the couple enters into an agreement with a
woman (the surrogate) who will carry a child for them; the man (the father)
provides the sperm which will be used together with the surrogate’s egg to
produce a child! The surrogate will carry this child to term and subsequently
relinquish it to the father and his partner (the recipient woman) . This is
known as partial surrogacy; however, the recipient woman may also donate her
eggs, rendering the arrangement a “full surrogacy. “There are cases
where friends or family members carry children for each other without charging
a fee; however, commercial surrogacy generally involves a broker who brings the
parties together for a fee and both the broker and the surrogate are paid. The
existing literature surrounding the commercial surrogacy debate shows that
there is a tendency, by those on both sides, to compare surrogacy to
prostitution. This paper will show that this analogy is sufficiently weak to
undermine the arguments for which the authors intend it to stand. First, the
analogy minimizes the harms of prostitution, an act that can present many
problems, and at the same time, makes surrogacy-an act which has less potential
for harm seem worse than it actually is by hiding the benefits and exposing
only tenuous harms. Thus, the analogy does a disservice to both surrogacy and
prostitution. Second, the analogy suggests, for some, that surrogacy should be
prohibited because a woman cannot rationally “choose” surrogacy
because of the negative connotations and stigma involved.

Commodification of the female’s uterus and/or eggs has
further been used to argue against both surrogacy and prostitution.’ This paper
will touch briefly on the fact that commodification, while existent in both
surrogacy and prostitution, should not be viewed negatively. Further, this
paper will counter the argument that as a policy matter, both surrogacy and
prostitution should be prohibited or regulated because they both involve
coercion and/or exploitation. This paper will conclude that while this
proposition may be true for prostitution in some circumstances, it is not true
for surrogacy.

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