Surrogacy contract in jurisprudence, law and ethics

Background: Surrogacy is an arrangement whereby a woman (called a surrogate mother) agrees to carry a pregnancy for another persons, who will become the newborn child s parents after birth. Despite the implementation of such common assisted reproduction technique, some aspects of jurisprudential, legal and morality are controversial from a different perspectives.Methods: Library Studies Result: From the perspective of jurisprudence and legal, duty and situational aspects, due to exigency, lack of prevention and principle of party autonomy, ruling on the validity of the contract. From the perspective of moral philosophy, surrogacy contracts in accordance with the theories of libertarianism and utilitarianism is fair in order to maximize the happiness and satisfaction, and increase public welfare. Because it results in the interest of both parties. But normative attitude doesn t agree with the valuation of human by worldly things. They believe that, surrogacy contracts lead to decline the human elevated position of woman and, mother norm will be changed to normal production and commercial breeding. In addition, her conscious choice would be defective, because, utility of surrogacy owner, at the time of signing the contract, due to lack the mother sense and emotional conditions, definitely is created after embryo transfer and just done with economic motivation. So it s conflict with the theory of libertarianism.Conclusion: In consideration of the views, it can be stated that the surrogacy contract, is valid in terms of jurisprudence and law and agrees with morals.

کلیدواژه ها:

ART ، Law and Ethics ، Libertarianism ، Utilitarianism ، Surrogacy contract