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Let It Be Legalized

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Before, it took one man and woman to have a child. Now, as long as a sperm and egg are provided, anyone can have a baby. Surrogacy isn’t a subject everyone agrees on, some believe that surrogacy exploits the female reproductive system and takes away the meaning of pregnancy and its “beautiful process”. However, there’re couples who cannot experience this “process” on their own. The acceptance of surrogacy is like the legalization of gay marriage, some states agree with it while others do not. Because of this, couples have to go out of state to find their surrogate, meanwhile others go out of the country because surrogacy costs too much money for them. These mothers are left to wonder if their baby is safe and if their surrogate is being careful. There are many sides to this surrogacy. Still, every state should legalize the act of surrogacy because it helps DES daughters and gays grow a family, decreases the number of people who travel to India to hire a surrogate, and regulates surrogacy laws.
If every state allowed surrogacy, DES daughters and gays will be able to have a family. Dr. Elvonne Whitney explains that DES (diethylstilbestrol) was a drug given to pregnant women to prevent miscarriages or premature delivery. It was later discovered that the drug caused problems to the newborn child, given the name DES daughters (Whitney). According to the article “DES Daughter – A Look forward with Gestational Surrogacy”,
DES daughters are estimated to be 8.6 times more likely to have an ectopic [fetus grows in fallopian tube not uterus] pregnancy, 1.8 times more likely to have a miscarriage, and 4.7 times more likely to have a premature birth than unexposed women.” (Whitney).
In other words, a surrogate mother isn’t in danger of any high risks because she isn’t DES exposed. With surrogacy allowed in all fifty states it would be easier for DES daughters to find a surrogate. Even if a DES woman doesn’t go through any of these risks, she may still have a difficult time delivering her child.
Along with DES daughters, gays also face similar obstacles of having a baby. In Frank Bruni’s article, “A Small-but-Growing Sorority is Giving Birth to Children and Gay Men”, Diane Thorton says, “I gave him [the baby] 35 weeks . . . but I didn’t invest my hopes in him. His parents did that”. Arguments against surrogacy claim that after giving birth the surrogate goes through a period of depression because a part of her is gone. Yet, Thorton prepares herself for giving the baby away, so she does not suffer. Bruni goes on to say, “many conservatives and religious groups say children reared by gay and lesbian parents get a distorted picture of right and wrong”. Statements like this pushed Michele Cohen, Elizabeth Nila, Diane Thorton, and Jennifer Waterman to become surrogates for gay men. They did it to prove to religious groups that Lesbian, Gay, Bisexual, and Transsexuals can be amazing parents if they give them a chance. For these reasons, surrogacy in all fifty states can help the LGBT community demonstrate their parenting abilities.
India is known as the capitol for commercial surrogacy. When surrogacy in India began, their medical and legal arrangements were poorly done. According to John Weltman, founder of Circle Surrogacy, women were badly treated; they were taken away from home and put into warehouses. As time as passed, Weltman says, they’re doing much better and have made a lot of progress. Still, couples are leaving their home country to meet a woman for a brief moment then once again for her to hand them their baby. In addition, many of India’s women are not healthy. Dr. Sarrita Aggarwal states that, “56.27% women are anemic . . . in India, most of the surrogate mothers belong to a middle or lower class” (Surrogacy: Indian Wombs). In other words, Indian surrogates are middle/lower class women who need the money for their families but are not the best candidates due to their health. Even though these women are getting the help they need financially, medically they need more attention. With more surrogacy clinics in the U.S. couples wouldn’t have to participate in dangerring the lives of their surrogate’s or child’s.
Surrogacy fraudulence isn’t an important statewide issue, but if surrogacy was allowed in all fifty states Congress will have no choice but to look over each law and improve them. It’s up to each individual state to determine if they’ll allow surrogacy within their state lines. According to the Human Rights Campaign, the state of California allows both kinds of surrogacy agreements (gestational and traditional), but the state of New York claims that all surrogacy agreements are void and unenforceable. In Arizona and District of Columbia, both traditional and gestational agreements are prohibited. Because every state is different, Congress doesn’t have the time to fix each state law. This severely damages lives of U.S. citizens for many are fooled by fake surrogate agencies. In “NOW: Wombs for Rent? – Are babies being bought and sold in the United States?”, Salina Ramirez, the surrogate, was fourteen weeks pregnant when she was left to decide to either abort her intended parent’s baby or pay the expensive medical bills. Even though they had already paid the company $50,000 and were losing their home. Not to mention that, Salina is a single parent of two daughters who she also needs to provide for. The other intended couple, Beth and Marcio Mardones, also lost $22,000, even with no surrogate mother by their side. The FBI is looking for the owner of SurroGenesis, Tanya Collins, who allegedly stole, “$2.5 million dollars which belong[ed] to them [the Mardones] and some sixty other clients” (NOW). Disasters like this happen all the time because surrogacy laws haven’t been revised, but with surrogacy in all fifty states this should decrease the number of misfortune and increase the number of growing families.
Surrogacy is a worldwide controversy, every state legalizing surrogacy in the U.S. would allow DES Daughters and gays increase their family size, lower the amount of couples who go out of the country to have a child, and make Congress fix surrogacy laws. Accepting surrogacy in every state would lower the cost of having a surrogate, it’s simple economics. When supply shifts up and demand stays the same, the price of the product will decrease and the quantity will increase. If the price of surrogacy decreases, more couples will find one closer to home. If all couples now remain in the U.S. to have a baby, Congress will have no choice but to focus on the issue considering it concerns the people of America. Therefore, the country will enforce stricter surrogacy laws that would avoid surrogacy scams. The approval of surrogacy will not only focus on families but also focus on changing laws to make it better. This would conclude to a stronger chance that Congress would not want surrogacy exploiting any female body parts, causing a double win in the end.


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