Documente Academic
Documente Profesional
Documente Cultură
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In Partial Fulfillment
Of the Requirements in
Practical Research I
by
March 2017
Cavite, Philippines
CERTIFICATION AND RECOMMENDATION
FOR ORAL EXAMINATION
Approved by the Tribunal at the Oral Examination with a grade of: ____
The author hereby declares that the content of his submitted thesis is free from
any material already published by another author nor does it contain statements lifted
without due acknowledgement of the sources. He similarly attests that materials taken
from other sources are properly cited/quoted.
Thus, except those which have been duly acknowledged, recognized and quoted
in the text, the content of this thesis has been authentically produced by the author
himself though he may have received assistance from others on style, presentation and
language expression.
Date: March/5/2016
CHAPTER I
INTRODUCTION
Altruistic Surrogacy1 became an issue from two groups of people: the commercial
surrogates and those who needs a surrogate but cannot afford one. Have you ever dreamed
of having a perfect baby? Have you ever thought of manipulating your child's gender? Do
you think these things are ethical? There was a case of altruistic surrogacy2; where Amanda, a
mother lives in Queensland together with her husband named Luke. Amanda and her
husband loose their hope in having a baby when she was diagnosed with cervical cancer,
which resulted in the removal of her reproductive organs, except her ovaries. That time,
altruistic surrogacy has not yet been legalized in Queensland, Australia. After months of
waiting and taking chemotherapy sessions, The Bligh Government3 announced that altruistic
surrogacy would be legalized in Queensland. Amanda gained hope in having a baby because
her sister Lisa was really interested in helping the couple in having a child. Although
surrogacy has many expensive treatments, and after attending multiple seminars and
judgment for their use of altruistic surrogacy, they were finally blessed with a baby boy.
The above-mentioned questions and the case on how the surrogate gave hope to the
intended parents led me to pursue my study on altruistic surrogacy in the light of John Stuart
Mill’s Utilitarianism4. For the better understanding of altruistic surrogacy, I will briefly
discuss what is altruism and the surrogacy and its legal issues. I will also describe how the
1 Altruistic surrogacy is when a surrogate is given no financial gain for carrying a child. Only realistic
1
parents gain happiness and hope because of the surrogacy. Finally, I will present how
I argue that Altruistic Surrogacy is ethical for the following reasons: first,
utilitarianism states that actions are right in proportion as they tend to promote overall
happiness; wrong as they tend to promote the reverse of happiness. By happiness is intended
pleasure and the absence of pain. Second, altruistic surrogacy is when a surrogate is given no
financial gain for carrying a child. Therefore, altruistic surrogacy is ethical because it
promotes happiness to the intended parents and also to the surrogate without considering if
This thesis aims to make a case for altruistic surrogacy as an ethical act within the
context of John Stuart Mill’s theory of utilitarianism. Specifically, it shall address the following
questions:
2. What is utilitarianism?
The study will focus on altruistic surrogacy rather than the commercial surrogacy. I
used John Stuart Mill’s Theory of Utilitarianism as my primary source. The ethics of altruistic
surrogacy will be determined through the theory of John Stuart Mill’s Utilitarianism. This will
offer a new perspective in understanding the ethics of altruistic surrogacy that will contribute
2
REVIEW OF RELATED LITERATURE
I. On Altruistic Surrogacy
Banning commercial surrogacy will expose women to exploitation5, an article written by Hari G
Ramasubramanian, explains the new proposed surrogacy bill in India on the year 2016. It
says that only altruistic surrogacy is allowed and only available for Indian nationals that are
married for at least five years, and who have no child. A surrogate also needs to be married
and a child. Only a close relative, biological or not, can act as a surrogate for the infertile
couple. And lastly, homosexuals, single parents and foreigners aren’t allowed to take
surrogacy.
All surrogacy is exploitation – the world should follow Sweden’s ban6, an article written by
Kajsa Ekis Ekman, discussed how Surrogacy, altruistic or commercial, became a subject for
exploitation and abuse. From the case of “Baby M”, where Mary Beth Whitehead, a
commercial surrogate mother, was forced to give her baby to the intended parents and the
Japanese billionaire who ordered 16 babies from Thailand Clinics7. This clearly shows that
surrogacy and surrogates are being abused by rich people. Surrogacy also establishes racism
and discrimination, because on surrogacy, you can choose what race you want and what skin
color or what eye color do you want. It is also unfair for the surrogates because the intended
parents can cancel or abort the surrogacy if they see any problem or disability on the child.
http://www.thenational.ae/world/southeast-asia/thai-surrogate-offers-clues-into-japanese-man-with-16-babies
(accessed March 16, 2017)
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They also say that if they legalize altruistic surrogacy, there is no assurance that it wouldn’t
be also abused because there is evidence that some surrogates are also paid under the table.
Another article that talks about the issues of surrogacy is The issues around
surrogacy8 written by Shalini Nair. It talks about surrogacy issues in India. “Surrogacy in India is
estimated to be a $2.3 billion industry”9. The main cause of the increasing number of surrogacy is
poverty. Poor women enter surrogacy because of the payment itself, and it opens an
II. On Utilitarianism
the ethical theory that happiness or pleasure is the basis by which an action is judged if it is
right or wrong. This journal contributes to my knowledge about Utilitarianism and helps me
Study Guide: John Stuart Mill’s Ethics11 tells that Mill’s Ethical theory Utilitarianism is
hedonic12 and also a form of consequentialism13. It says that an action will only be allowed if it
produces the greater number of happiness or pleasure compare to the outcome of the said
action. The idea of Mill is clearly stated in this article, which helps me to better understand
his theory.
around-surrogacy
(accessed March 16, 2017)
9 http://indianexpress.com/article/explained/the-issues-around-surrogacy/
10 Henry West, “An Introduction to Mill’s Utilitarian Ethics.” Cambridge University Press (2004).
11 _______, “Study Guide: John Stuart Mill’s Ethics”, http://www2.isu.edu/~baerralp/Mill.pdf
possible outcomes.
4
CHAPTER II
The basic concept of surrogacy started from ancient or biblical times, From Sarah,
the husband of Abraham14, and Rachel, the wife of Jacob15. But, there are no authentic
records or documents survived. Informations were just collected from legends, myths and
from oral tradition that were transferred from time to time. Fast forward a few thousand
years, a similar instance of Sarah, Abraham and Hagar became famous. The issue of
surrogacy caught national and international attention during the 1980s, with the famous
Baby M case. In 1985, William Stern and Elizabeth Stern, a couple from New Jersey, made a
contract with Mary Beth Whitehead, a surrogate mother. Mary Beth Whitehead agreed to be
artificially inseminated with William’s sperm, and carry the child for the Sterns, in exchange
for $10,000. But after giving birth, Whitehead changed her mind and refused to give her
biological child. The lower state court prevailed, but in the year 1988, the New Jersey
Supreme Court reversed the decision, giving Baby M’s custody to the Sterns.16 Surrogacy
also became famous because of the rapid advancement of technology. In 1978, the first in
vitro fertilization (IVF) baby was born17. And on 1999, surrogacy improved, allowing HIV-
positive man to have a child without transmitting the disease or virus to his child, with the
https://www.nytimes.com/2014/03/24/us/baby-m-and-the-question-of-surrogate-motherhood.html
(accessed March 18, 2017)
17 Will Mcbrian, “The history of Surrogacy: How surrogacy has evolved.”,
5
There are two types of surrogacy arrangements, the commercial surrogacy and
altruistic surrogacy. I will discuss and focus on Altruistic Surrogacy because it is my topic.
Altruistic Surrogacy came from two words, Altruism, which means the belief in or practice of
disinterested and selfless concern for the well-being of others, and Surrogatus, which means
appointed to act in place of. Or, Surrogacy, which means a woman will conceive and will carry
a child and then give the baby to the intended parents. Therefore, Altruistic Surrogacy is
conceiving a child for the intended parents without expecting any compensation. Surrogacy
There are two primary types of Surrogacy, the Traditional Surrogacy, where the
surrogate acts as egg donor and also as the actual surrogate. She will become pregnant using
a process known as intrauterine insemination (IUI)19. In IUI procedure, the doctor will transfer
the sperm that is taken from the biological father into the surrogate’s uterus20. And the
other type of surrogacy is the gestational surrogacy. In this type of surrogacy, the surrogate’s egg
cells are not used at all. Therefore, the child she carries will not be biologically related to her.
In using the gestational surrogacy, the embryo is created using the gametes (sex cells) of the
intended parents, through the process of in vitro fertilization. It will take three to five days
for the embryos to develop, before transferring it to the surrogate’s uterus. After transferring
the embryos, the surrogate will carry the embryo through the pregnancy until the child was
born21.
19 _____________, “What are the different types of surrogacy and what are they called?”,
6
The rapid advancement of science and technology has brought a great impact and
changed the life of human beings. At the same time, it also brought problems. The study of
development or advancement like the DNA testing, etc. In the past decades, the field of
reproductive technologies has changed. In vitro fertilization, donor insemination and other
embryo transfer methods have come up that revolutionized the process of reproduction.
These reproduction techniques give hope to infertile couples who want to have a child of
their own. But several complications have arisen when these methods were combined with
surrogacy arrangements.
Some people ask, why don’t you just adopt a child? Adopting isn’t easy as you think.
Adoption is quite expensive, and adoption process takes too long, from five to ten years.
You need to undergo several processes like seminars, background checking and many more.
The development of the science of Assisted Reproductive Technology (ART) has created
an option to couples who want to have a biological child. Infertiles, a few years ago, never
imagined the possibility of being on the parenthood. But these days, couples are now capable
There are some criteria that needs to be considered in the legalities of surrogacy.
22Biotechnology is the exploitation of biological processes for industrial and other purposes, especially
the genetic manipulation of microorganisms for the production of antibiotics, hormones, etc.
23 ___________, “What are the legal Issues Surrounding Surrogacy?”,
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Does the country or state even allow surrogacy to take place? Are surrogate contracts
allowed in the country or state? Some list of countries or states that allow surrogacy are as
follows: Australia, Cambodia, Canada, Cyprus, Greece, India, Mexico, Nepal, Poland,
Thailand, United Kingdom, Ukraine, Georgia, And some states in United States.24
Other questions are: Are there any issues with regard to advertising for a surrogate?25
How difficult or easy is it to transfer the parental rights and/or custody of the child from the
agreement:
Who are all of the parties to the agreement overall? What testing
procedures will be utilized? How and where will the embryo
implantation be done? How will the surrogate cooperate with the
intended parent or parents once the child is born? Who will obtain
guardianship of the child should the intended parent or parents
pass away when the child is still a minor? What fees and expenses
will be paid by the surrogate and/or the intended parent or
parents? What type of indemnification will be given to the intended
parent or parents if the surrogate should be given custody of the
child after he or she has been born?27
Consider these questions so you may have a good and solid agreement.
8
CHAPTER III
know first the background of John Stuart Mill. In understanding the utilitarianism, it is
important to know the consequentialism, because we need to know first the outcome of an
act if it benefits the greater number or not before we judge it if it is right or wrong. And also
John Stuart Mill was called the most influential English-speaking philosopher of the
19th century. He was a British philosopher, moral and political theorist, and an economist28.
His famous works include books and essays that cover epistemology, logic, economics,
social and political philosophy, religion, ethics, System of logic, on liberty, and especially
Utilitarianism. He was the eldest son of Harriet Barrow and James Mill. His father is also a
philosopher and a supporter of Jeremy Bentham’s Utilitarianism. James Mill spent time
educating his son John Stuart Mill. John learned Greek at the age of three and Latin at the
age of eight. At his teenage years, he spent hours editing Jeremy Bentham’s manuscript.
John Stuart Mill married Harriet Taylor29. His wife died years later because of severe lung
congestion. Mill died because of erysipelas30 in 1873 and was buried alongside to his wife.
28 http://www.biography.com/people/john-stuart-mill-9408210
29 Harriet Taylor was already married when she met Mill but after his first husband died, he married
John Stuart Mill.
30 Erysipelas is an acute infection typically with a skin rash, usually on any of the legs and toes, face,
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II. Mill’s Utilitarianism
reduction of unhappiness must be the criterion for judging whether an act is right or
wrong31. Therefore, Mill just focuses on the outcomes of every action and not on rights or
ethical sentiments32. Utilitarianism is one of the major ethical philosophies33. The Classic
Utilitarians are John Stuart Mill, and Jeremy Bentham, a friend of John’s Father. Jeremy
Bentham is the father of modern utilitarianism. John Stuart Mill was influenced by
John Stuart Mill’s Utilitarianism is the most widely red presentation of utilitarian
colleges and universities. It has been a subject of several disputes and argumentations
The chapters of Mill’s utilitarianism were interpreted using Mill’s other writings. Mill
also gives attention to moral theories. Chapter 1 gives a short biography for those unfamiliar
with Mill’s classic works of that genre of literature and his other works have great
contributions to philosophy of science, economics and political theory, and he discusses his
reasons for writing his essay and his objective for his work. Mill started his discussion of
theories and principles. He draws an analogy between science and the study of morality. He
31 Henry West, “An Introduction to Mill’s Utilitarian Ethics.”, Cambridge University Press (2004), p.
1.
32 __________, “John Stuart Mill: Ethics”, http://www.iep.utm.edu/mill-eth/#H2 (accessed March
19, 2017)
33 West, op. cit., p. 1.
34 West, op. cit., p. 2.
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insist that science is done by moving from the first principle to the general theory, whereas
and depict the theory. Mill noticed that many people misinterpret utilitarianism by
pleasure itself, and pleasure is the absence of pain, and utility is also known as the greatest
happiness principle, and it tells that “actions are right in proportion as they tend to promote
happiness, wrong as they tend to promote the reverse of happiness, by happiness is intended
pleasure and the absence of pain; by unhappiness, pain and the privation of pleasure.”36
Therefore, utility and pleasure are interconnected. After responding to the criticisms or
objections that utilitarianism promote base pleasures, He spent the rest of chapter 2 in
punishments the principle of utility might give if they don’t follow it, because if the principle
of utility don’t have punishments, people don’t have any reason to respect it.38 Mill says that
these problems will remain on utilitarianism until education influences people to see the
general good as a deeply rooted moral good. Mill stated that utilitarianism has an ability to
11
impose all the sanctions that other moral systems can. These sanctions has no limitations,
On the 4th Chapter of Mill’s utilitarianism, Mill started by telling that it is impossible
to prove any first principles by just reasoning. This chapter aims to explore what is needed
for utilitarianism in order for it to be believed.40 In order to show that happiness is the only
criterion for morality, people needs to show that they only desire happiness and nothing else.
On the last chapter of Mill’s utilitarianism, Mill says that the theory of justice is one
of the biggest obstacles for the principle of utility. Mill begins to determine whether the
justice or injustice of an action is innate and clear from the questions of utility. He pins
down the meaning of justice, by listing the things that are commonly classified as just or
unjust. First, it is regarded as unjust to deprive someone of his legal rights, but this concept
has exceptions. E.g. a person may have legal rights that he shouldn’t have, his rights may be
the provision of a bad law. Although people conflict on whether bad laws can be justly
disobeyed, all people agree that laws can be unjust. Therefore, law is not the ultimate
criterion of justice.41
Utilitarianism states that actions are right in proportion if they tend to promote
overall human happiness, wrong as they tend to promote the reverse of happiness. By
happiness is intended pleasure and the absence of pain. Therefore, we can judge an action
whether it is right or wrong by the number of people who are happy or who benefits the
most. Utilitarianism also is a kind of consequentialism, we also need to examine first the
12
outcome of an act and compare it to other outcomes before we judge it whether it is right or
wrong.
13
CHAPTER IV
In this chapter, I will explain the reasons why altruistic surrogacy became ethical
“Utilitarianism is a universal teleological system. It calls for the greatest good for the
greatest number. In other words, whatever is beneficial to the greatest number of people is
In this study, I argued that altruistic surrogacy is ethical. I will cite some reasons why
ethical because it promotes greater happiness for a greater number, even without considering
rewarded with joy because she helped a couple without being compensated. And for the
intended parents, they are happier because they finally have a child, and they don’t spent
rewarded with a payment, and the intended parents are also happy because they finally have
a child, even though they spent more money. Even in the case of Baby M, it is also ethical,
seeing both William and Elizabeth Stern happy, versus Mary Beth Whitehead solitary
unhappy.
14
Here is an example case of altruistic surrogacy and I will explain on how it became
ethical. Altruistic surrogacy is the only kind of surrogacy permitted in Australia. In the Case
of Diane43, a 40 years old altruistic surrogate, she offered to help a couple whom she had
been friends for 30 years. And then she agreed to carry their child. But the arrangement
ended with legal action, a confrontation between the mother and the surrogate, a struggle in
the delivery room and ugly postings on Facebook. Diane, a mother of three from South-
West Melbourne, said she entered the agreement in 2010 and the first IVF cycle was in 2011.
The couples are the Godparents of Diane’s Children. That’s how close they are. In the year
2000, Diane’s friend undergoes a heart transplant and it was considered too delicate for her
to have a pregnancy. The couple wasn’t allowed to adopt so they considered surrogacy, as
their final option. The couple were thinking of going overseas to find a surrogate. So Diane
suggested that she is available as a surrogate for the first time. Diane has a good heart, she
didn’t want the couple to spend hundreds of thousands of dollars. The couple took Diane’s
offer, and then the surrogacy process began. They went counseling, and police checks were
done. She undergo IVF, and the intended parents promised her that she would be supported
on her pregnancy. There were disputes, about $400 spent on maternity clothes, out-of-
pocket expenses and pram44 for the baby. After the baby was born, the intended parents
didn’t even talked to her, and haven’t thanked her for what she did. An argument started in
the maternity room when Diane’s boyfriend prepared to post on Facebook that she had
successfully delivered. The couple wanted to tell their families first. A month after, a
reimbursement of expenses of $648 arise. Diane told the couple to pay the money she spent
15
or she will give the baby to someone else who deserves it. Diane said she had recovered her
unhappy because of what the couple did to her, the couple are still happy because they
finally had a child, even though they didn’t appreciate what Diane did for them.
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CHAPTER V
I. Summary
I start my first chapter with some practical questions and an altruistic case that led
me to pursue this study. Also in this chapter, I argue that altruistic surrogacy is ethical
because it promotes happiness. I also stated the scope and limitations of my study, and its
significance. I ended this chapter by reviewing literatures that are related to Altruistic
began, on where its concept started. I also discussed the different methods in techniques in
technology. And I ended this chapter by stating legal issues about surrogacy, and some tips
In Chapter III, I discussed John Stuart Mill’s Utilitarianism; I started this chapter by
stating a brief background about the philosopher John Stuart Mill. And then I explained
Mill’s Utilitarianism. I briefly discussed it chapter by chapter, From Chapter one, its general
And in Chapter IV, I explained how Altruistic Surrogacy became ethical, I gave an
example case and I judged it whether it is ethical or unethical based on John Stuart Mill’s
Utilitarianism.
II. Conclusion
17
Utilitarianism judges the morality of an action through its outcome. If the action
promotes the greater happiness for the greater number, then the action is right. But if
After determining and analyzing an altruistic surrogacy case on who benefits the
most, I considered Altruistic Surrogacy as an ethical act because every intended parents
would be happy if they were blessed by a child, and a surrogate would also be happy because
III. Recommendation
The following recommendations are offered for related research about Altruistic
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BIBLIOGRAPHY
Halverson, Emily. "Altruistic Surrogacy Case." Surrogacy and Ethics - Surrogacy. Accessed
February 26, 2017. http://surrogacyandethics.weebly.com/altruistic-case.html.
"Chapter 3: Of the Ultimate Sanction of the Principle of Utility." Accessed March 19, 2017.
http://www.sparknotes.com/philosophy/utilitarianism/section4.rhtml .
"Chapter 4: Of what sort of proof the principle of utility is susceptible." Accessed March 19,
2017. http://www.sparknotes.com/philosophy/utilitarianism/section5.rhtml.
"Chapter 5: Of the Connection between Justice and Utility." Accessed March 19, 2017.
http://www.sparknotes.com/philosophy/utilitarianism/section6.rhtml .
Ekman, Kajsa Ekis. "All surrogacy is exploitation – the world should follow Sweden’s Ban."
Accessed March 16, 2017.
https://www.theguardian.com/commentisfree/2016/feb/25/surrogacy-sweden-ban.
Haberman, Clyde. "Baby M and the Question of Surrogate Motherhood." Accessed March
18, 2017. https://www.nytimes.com/2014/03/24/us/baby-m-and-the-question-of-
surrogate-motherhood.html .
Halverson, Emily. "Altruistic Surrogacy Case." Surrogacy and Ethics - Surrogacy. Accessed
February 26, 2017. http://surrogacyandethics.weebly.com/altruistic-case.html.
Mcbrian, Will. "The history of Surrogacy: How surrogacy has evolved." Accessed March 18,
2017. http://www.circlesurrogacy.com/blog/2015/06/29/history-surrogacy-surrogacy-
evolved.
19
Nair, Shalini. "The issues around surrogacy." The issues around surrogacy. Accessed March
16, 2017. http://indianexpress.com/article/explained/the-issues-around-surrogacy/.
"Thai surrogate offers clues into Japanese man with 16 babies." Accessed March 16, 2017.
http://www.thenational.ae/world/southeast-asia/thai-surrogate-offers-clues-into-japanese-
man-with-16-babies .
"Utilitarianism Summary and analysis of chapter I." Accessed March 19, 2017.
http://www.gradesaver.com/utilitarianism/study-guide/summary-chapter-i.
West, Henry. An Introduction to Mill’s Utilitarian Ethics, 2004. Accessed March 18, 2017.
http://assets.cambridge.org/97805218/28321/sample/9780521828321ws.pdf.
"What are the different types of surrogacy and what are they called?" Accessed March 18,
2017. http://www.modernfamilysurrogacy.com/page/different_types_of_surrogacy.
"What are the legal Issues Surrounding Surrogacy?" March 18, 2017.
http://www.modernfamilysurrogacy.com/page/legal_issues_surrounding_surrogacy.
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