Peggy and Gary have been married for five years, and had been trying to have a child. They had undergone artificial insemination and in vitro fertilization, but each pregnancy had resulted in a miscarriage. Peggy and Gary decide that surrogacy was their best option and placed an advertisement in the local college newspaper. Josephine, a 21-year-old college student, answered the advertisement. At the time, she was dating a man named Jerry who she loved very much and hoped to marry, but Jerry had recently broken up with Josephine. Hoping to trick Jerry into marrying her, Josephine agreed to be the surrogate for Peggy and Gary. Using Peggy and Gary’s zygote, Josephine underwent in vitro fertilization and became pregnant. During the pregnancy Josephine underwent routine medical examinations, as required by the surrogacy contract. During one of the examinations, a genetic screening test was performed and it was discovered that the child had Down Syndrome. Peggy and Gary did not desire to have a child with Down Syndrome and in accordance with the surrogacy contract paid Josephine to undergo an abortion. In addition, Josephine contacted Jerry, telling him that she was carrying his child. Not wanting to be a husband or father at a young age, Jerry paid Josephine for an abortion as well. He then transferred to another school in a different state. As a college student who could use the cash, Josephine gladly took the money for the abortion. But because of religious reasons she did not have an abortion and carried the child to term. She never told Peggy, Gary, or Jerry that she delivered a child. Unfortunately, being a single mother and college student was too much for Josephine. At three months, she took the child, whom she called Greg, to the local hospital and surrendered him under the state’s Safe Haven law.
When Peggy and Gary learn that their biological child had actually been born, they petitioned the court to have their child returned to them and to award them custody. How should the court decide? Should the child remain in foster care or be given to Peggy and Gary? What if Josephine’s parents decide to petition for adoption? Do they have any rights?
Make sure to fully answer the question, follow APA format for citing your source(s), and include an introduction and conclusion. Your essay should be at least 5 paragraphs.
Ethical law
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1.The court should decide Greg’s custody based on the contract. Surrogacy contracts state that the surrogate mother has no right to keep the child. The contract establishes legal parenthood. Therefore, the surrogate cannot claim the child or be its legal mother. In this scenario, the parents can claim full custody of Greg because they were not aware of Josephine’s contract breach. Josephine was paid to undergo abortion but she decided to keep the baby without Peggy and Garry’s consent. The court can award Peggy and Garry full custody because they are the paternal parents of the child. The decision must be in the best interest of the child. The child must be put in a home where he will be taken care of to adulthood.
When Josephine decided to keep the baby she had assumed parental rights to the child. Her decision to surrender the child to foster care can be considered legal since, at the time, she was acting as the rightful parent of the child. Research suggests that children in foster care require close family members who can provide the child with a safe space to stay (Van and van 2010). Besides, Garry and Peggy are willing to take care of their child. Garry and Peggy are the immediate guardians of the child. They are financially capable of taking care of Greg. Thus; The child should be given to them as opposed to remaining in foster care. However, Garry and Peggy had initially waivered the pregnancy because the child had Down syndrome. This will raise issues if the child will be safe with them. Placing the child with Garry and Peggy raises concerns of acceptance and care towards Garry.
Josephine parents cannot petition for adoption because surrogate mothers do not have the rights over the born child. Revisiting the contract will establish Garry and Peggy as legal parents thus Josephine cannot claim the child in any way. Josephine had the right to receive medical care and to be free from any medical responsibility. Garry and Peggy held their end of the bargain. By funding Josephine’s medical needs. Josephine used the pregnancy to manipulate her boyfriend into making profits. Her decision to not abort the baby can be termed as an ethical decision. However, she was unethical when she kept the baby without Garry and Peggy’s consent. Research shows that signing legal documents establishes a percentage of surrogacy for the intended parents (Rae,2013). Pre-birth order allows the intended parents to make medical decisions for the child. In this scenario, the intended parents had the right to terminate the pregnancy after finding out the unborn baby had Down syndrome. However, the parents still retain their rights as legal parents. The adoption must be conducted in the best interest of the child. Greg has Down syndrome and he will require special care throughout his lifetime. Greg has the right to know his genetic parents. His rights through the various stages of his childhood must be addressed in the decision. The child needs a home where he will be safe (Rae,2013). If Josephine’s grandmother appeals for adoption, it will cause much distress to Greg, thus, it is important to take into account the best situation that will enable Greg to live a good life.
References
Van Zyl, L., & Van Niekerk, A. (2010). Interpretations, perspectives, and intentions in surrogate motherhood. Journal of Medical Ethics, 26(5), 404-409.
Rae, S. B. (2013). Parental Rights and the Definition of Motherhood in Surrogate Motherhood. S. Cal. Rev. L. & Women’s Stud., 3, 219.
