This week’s readings discuss theological and feminist approaches to surrogacy. Last week two of our readings provided firm arguments for or against abortion, but the surrogacy readings this week seem to focus more on the important questions that arise from a discussion of surrogacy. Though arguments are explored for and against surrogacy, the authors are more concerned with how this topic makes us rethink questions about women’s place in society, human nature, and family.
From the outset of her article, Barbara Katz Rothman establishes her opposition to surrogacy, but she mainly focuses on how the issue of surrogacy inherently provokes questions about our ideas of men and women in society. She illustrates the importance of patriarchy in the Judeo-Christian religious tradition; the value placed on father-child relationships still influences the political climate of America. She references linguistic discourse to support this claim: “It manifests itself in the language when Mrs. John Smith bears John Smith Jr- women bear the children of men (Rothman, 1991: 1600).” The child belongs to the father, and the mother is simply the means of creating that child- the dirt in which a man’s seed will grow. Rothman calls our society a modified patriarchy, a system categorized by rule of fathers that includes a primary emphasis on genetic material (Rothman, 1991: 1602). It is within this patriarchal and genetic context that people reflected on the emergence of reproductive technology. Women obtained the privilege of half-ownership of their children because their genetic contribution was likened to that of men. Rothman claims that women obtain patriarchal privileges when they display similar characteristics to men. With this logic, perhaps women had access to other women’s bodies to plant their seed and procure their children. But Rothman argues that this creates a dichotomy between those women that can afford this access to other women’s bodies, and those who were relegated to the dirt in which someone else’s seed will grow. The nature of this situation does not benefit all women equally. I can see how surrogacy might create problems if women are selling the use of their bodies to wealthier women. It reminds me of our discussion about selling organs on the black market. Body parts should not be sold as commodities because it creates problems like these. But I don’t think this economic problem is grounds to condemn surrogacy entirely. It is a beneficial resource for people who cannot have children any other way. Perhaps the only way to permit it ethically is to prohibit a monetary contract. This would likely limit surrogacy to relatives because pregnancy is an expensive, time consuming process, but at least it would prevent the problems associated with selling the use of one’s body.
- How would you resolve this problem Rothman poses about surrogacy?
- Do you agree that our society is a modified patriarchy that still relegates women’s opinion on matters regarding reproduction?
- Do you agree that women only obtain privilege when they display similar characteristics that men have?
Not only does Rothman claim that surrogacy doesn’t benefit women equally, but she also says it raises questions about custody when the surrogate mother intends to keep her baby. Rothman uses the famous case of “Baby M” to show how male opinions dominate even when women are awarded the privilege of half-ownership of their children. In 1985, Mary Beth Whitehead agreed to be inseminated by William Stern and carry a baby, called “Baby M,” to term as a surrogate mother for Elizabeth Stern. After giving birth, Mary Beth Whitehead wanted to keep the baby. In the court case that ensued, William and Elizabeth Stern were permitted to keep the baby on the grounds that it was in the child’s best interests; but Mary Beth Whitehead maintained her parental rights (In Re Baby M). This is the case that started much of the legal debate over surrogacy and its implications. Rothman points out that William Stern obtains custody even when Mary Beth Whitehead’s legal motherhood is not questioned.
Rothman introduces her article with a discussion of society’s male-driven perspective on reproduction, but she concludes with a female perspective. She projects this notion of the potential for life even before conception occurs. This is something we have not really seen before in our discussion of when life begins. She claims that women view reproduction as beginning at ovulation and continuing through until the adulthood of the child; men view it as a discontinuous process that starts only when the sperm fertilizes the egg. She emphasizes that viewing it in a discontinuous way devalues the role of women in reproduction and relegates them to the dirt in which the seed is planted. Rothman sees parenthood as belonging to the mother who provided “the blood and nutrients of her body.” (Rothman, 1991: 1607). She claims that the kind of logic created by the patriarchal perspective takes children out of the arms of their mothers and places them in the control of society. Her article frames society as a dichotomy between men and women, and while I recognize that men certainly hold more power than women in society I don’t think you can easily define a male and female perspective as she does. In fact, I don’t see ovulation as the beginning of reproduction as she says women do. I think that would illustrate an extreme matrilineal view of reproduction. Women certainly invest more resources than men in reproduction, but I see the beginning of reproduction as a joint process separate from that of ovulation.
- Do you agree with Rothman’s descriptions of male and female point of views towards reproduction? Does your view fit in with her description?
- What is your definition of parenthood?
Gilbert Meilander frames the question of surrogacy from a very different perspective. While Rothman views religion’s position on surrogacy as stemming from unified patriarchal ideas, he emphasizes the great variability of opinions and modes of reasoning employed by Protestant theological ethicists to determine whether surrogacy is ethical. Rather than asking questions about men and women’s role in society, these ethicists ask what it means to be human. They interpret general themes from religious texts and apply them to ideas about being human. They each choose to emphasize different texts and weight some themes greater than others. The arguments they make originate from a discussion about the duality of human nature or with a discussion about Jesus.
Discussions about the duality of nature reflect on the finitude and freedom of human beings. Janet Dickey McDowell focuses on the finitude of humans when she claims that surrogacy infringes on the “bounds of appropriate behavior (Meilander, 1991: 1638).” Although it may seem like a compassionate action, she argues that surrogacy lacks a connection between the gestational mother and the family with whom her child will be sent. Paul Simmons emphasizes the idea of parenthood as a calling- it should be done intentionally rather than accidentally. He sees in surrogacy an opportunity for couples to show this commitment and appreciate their child as a gift. By invoking this idea of choice, he advocates the religious idea of freedom in his view of surrogacy.
- Is it problematic that in surrogacy there is “no sense that a child is not simply an entity created in order to be given to others” (Meilander, 1991: 1638)?
David H. Smith and Paul Ramsey focus on ideas of parenthood to illustrate their opposition to surrogacy. Smith sees two inherent features of humanity: 1. “The embodied nature of the self” 2. The bond of marriage as a deep and avowed commitment of the self (Meilander, 1991: 1639).” I would like to focus on his ideas about parenthood because they afford important comparisons with Rothman’s ideas of motherhood. Smith and Ramsey see parenthood as involving love-giving and life-giving. They argue that separating reproduction from sexual love may be within our bounds as free individuals, but this doesn’t make it advisable in terms of our finitude. Smith also notes the inequality afforded to spouses when they enter into an agreement with a surrogate mother. One spouse pays for his “authentic parenthood,” while the other isn’t afforded the same opportunity (Meilander, 1991: 1640). Smith argues that this goes against the notion of joint marriage. Smith’s logic goes against Rothman’s depiction of religious perspectives as focusing only on fatherhood. I agree that this unequal parenthood might pose some problems for a couple’s marriage, but I think the desire for a child may surpass the cost of these problems.
While some ethicists have centered their arguments on the duality of human nature, others have centered them on Jesus. In the Gospel of John, God created the world through his love. This love was expressed through Jesus. Ramsey strengthens his arguments against surrogacy through his discussion of this. He says we need to keep the love-giving and life-giving aspects of parenthood together because by doing so, we exhibit “a trace of the original mystery by which God created the world because of his love (Meilander, 1991: 1644).”
The articles we read this week illustrated the various methods by which we understand and form opinions about surrogacy. They highlight the idea that we approach surrogacy from a variety of different perspectives, and this leads to a wealth of different questions that we ask. Surrogacy brings up questions about what parenthood is and what it means to be human. It is easy to say “Yes, I think surrogacy should be an option,” or “No, surrogacy should be illegal,” but those responses hide the fundamentally different ideas about human nature and society that underlie apparent agreements of stance.
Thanks Rachel