Assisted reproduction refers to a broad range of means that can be utilized in conception and child bearing other than the natural method. These means include artificial insemination, in vitro fertilization, the usage of surrogate mothers and egg donation (Mundy 16). These processes have not been utilized for long because they were developed fairly recently with the help of technology. Despite the fact that they are recent, the stir their usage has caused has made both the medical fraternity as well as the government to get concerned.
Reproduction has been a private matter for a long time in the United States. At no point has the government ever required that the parents in the country bear a certain number of children. But this does not mean that the state or federal authorities do not get involved in matters pertaining to conception and childbirth. This new field of utilizing technology in child bearing is grey in terms of government involvement. The questions that stand out even as the researchers continue to work in laboratories to better these methods include: Should the government at state or federal level be concerned with the usage of these methods of reproduction? If they should be involved, what role should they pay? If not, why should they not? These are the questions that this essay will attempt to answer. Both moral and legal issues arising from the utilization of these processes are to be considered in deciding whether it is right for state or federal level government to be involved. This essay shall provide evidence to support the position that state or federal involvement is necessary in assisted reproduction.
To start with, surrogacy and other assisted reproduction processes that involve two or more parties have been a source of bother for the government when the involved parties fail to honor their commitments. It is easy to decide such cases on the existing law of breach of contract. However the fact that the life of the child resulting from the utilized process is involved makes it difficult for the courts to make decisions that are beneficial to all the concerned parties. What then will happen if the state or federal government is not involved in such cases? Chances are that bad decisions that may not be in the best interest of the baby will be made. With such possibilities, the best way to deal with assisted reproduction is to have the state or federal governments regulating it by spelling out the guidelines on what should be done by whom. This will assist in the smooth handling of the processes and the subsequent decision in a court of law if any of the involved parties chooses to breach the contract. An example of a misunderstanding that can happen in assisted reproduction is the refusal of a surrogate mother to give the baby to the egg donor (Reproductive Rights – Surrogacy and In-vitro Fertilization).
Besides the above, there is the possibility of abuse of these technologies. Without government regulation, it is possible for someone to decide to have multiple eggs used leading to a mother carrying more babies than she can support. In this case, the lives of the unborn babies as well as that of the mother will be in danger. There is always the expectation that human beings will make rational decisions but this does not always happen. There are those who always make the decision to stretch the reaches of their potential and do unusual things. It is possible that a woman can ask for up to ten eggs just for fun or out of curiosity, resulting in ten babies. This means that there is room for abuse of the assisted reproduction process. If there is the room for abuse, who is positioned to regulate the industry? The only option that remains as a moderator in assisted reproduction is the government; whether at state or federal level.
Leaving the above aside, government as a provider of vital services such as health is supposed to be involved in high risk processes such as assisted reproduction. This is because of the fact that if this process is abused and dangerous strains of diseases generated in the process, it will be the duty of the government to move in and protect the citizens. In this case the question that comes to mind is: Why let people abuse the process and bring danger when you can regulate it and avoid the danger? Therefore, for the safety of all the people and the benefit of those who want to directly benefit from the process, government regulation is something that should not be opposed.
In addition to the above, the governmental is supposed to be involved for moral reasons. It is the highly likely that assisted reproduction clients will always be very selective on the characteristics of the donors. Specifications such as tall men, with wedge shaped faces, with a college degree of generally intelligent have become part of the process in assisted reproduction. In the event of a free market practice, women will avoid their partners and seek to get donors who bear their desired characteristics. From a moral standpoint, the snubbed partner will be subjected psychological problems that may lead occurrences such as suicide. It is also possible to reduce the whole process into a commercial undertaking where people sell their seed to willing buyers (Spar 21). With state or federal regulation, the process can be limited to certain cases such as gay and lesbian couples, and infertile couples (Markens 23).
On the other hand, we live in a free country that boasts of respect for civil rights. Reproduction is a highly private issue that is supposed to be left in the hands of the mother or the father. This autonomy is supposed to be protected by the government and therefore it is not supposed to determine whether one should have kids through surrogacy or not. From this angle, the argument that state or federal government should not regulate assisted reproduction becomes tenable
In conclusion, the need for mediation in conflicts related to assisted reproduction processes, the need to prevent abuse and the obligation to protect all citizens by the government provide ground for state or federal regulation of assisted reproduction. The individual autonomy that comes with privacy in child bearing is the only reason that can be raised against government involvement in assisted reproduction. Thus it is reasonable that state or federal regulation be instituted in assisted reproduction.
Works Cited
Markens, Susan. Surrogate Motherhood and the Politics of Reproduction.(1st ed.)Santa Barbara: University of California Press, 2007.Print.
Mundy, Liza. Everything Conceivable: How Assisted Reproduction Is Changing Our World. (1st ed.).Chicago: Knopf.2007.Print.
“Reproductive Rights – Surrogacy and In-vitro Fertilization”. 2010. Web.
Spar, Deborah. The Baby Business: How Money, Science, and Politics Drive the Commerce of Conception. (1st ed.)New York: Harvard Business Press, 2006.Print.