Expecting Trouble: Surrogacy, Fetal Abuse, and New Reproductive Technologies

By Patricia Boling | Go to book overview

general. Attention to women's experiences, so long absent from political theory, must provide us with ways of understanding and conceptualizing the individual-in-relationship that will allow us to speak more effectively about the simultaneity of human autonomy and interdependence, of freedom and commitment in social and political life.


Notes

I wish to acknowledge the help of Nancy ("Ann") Davis, Robert Goodin, Amy Gutmann, Mona Harrington, Virginia Held, Will Kymlicka, Martha Minow, Susan Okin, Kate Tyler, members of the 1990 Mellon Faculty Center at Vassar College, and members of the 1991- 1992 Program in Ethics and Public Affairs at Princeton University. The final version of this paper was written while I was a Fellow at the University Center for Human Values at Princeton University, for whose support I am grateful.

This chapter is revised from Mary L. Shanley, "'Surrogate Mothering' and Women's Freedom: A Critique of Contracts for Human Reproduction", Signs 18( 3):618-639 ( 1993). Reprinted with permission from the publisher, the University of Chicago Press.

1.
See, e.g., Lori Andrews, Between Strangers: Surrogate Mothers, Expectant Fathers, & Brave New Babies ( New York: Harper & Row, 1989); Avi Katz, "Surrogate Motherhood and the Baby-Selling Laws", Columbia Journal of Law and Social Problems 20( 1):1-52 ( 1986); Carmel Shalev, Birth Power ( New Haven: Yale University Press, 1989); Marjorie Maguire Shultz , "Reproductive Technology and Intention-based Parenthood: An Opportunity for Gender Neutrality", Wisconsin Law Review 1990( 2):297-398 ( 1990).
2.
John Lawrence Hill, "The Case for Enforcement of the Surrogate Contract", politics and the Life Sciences 8( 2):157-159 ( 1990); John Robertson, "Procreative Liberty and the Control of Conception, Pregnancy and Childbirth", Virginia Law Review 69:405-462 ( 1983); John Robertson, "Embryos, Families and Procreative Liberty: The Legal Structures of the New Reproduction", Southern California Law Review 59:942-1041 ( 1986); and Shalev, 1989.
3.
See, e.g., Katharine T. Bartlett, "Re-Expressing Parenthood", Yale Law Journal 98 ( 2):293-340 ( 1988); Carole Pateman, The Sexual Contract ( Stanford: Stanford University Press, 1988), 209-218; Barbara Katz Rothman, Recreating Motherhood: Ideology and Technology in Patriarchal Society ( New York: W. W. Norton & Co., 1989); Susan M. Okin, "A Critique of Pregnancy Contracts", Politics and the Life Sciences 8( 2):205-210 ( 1990); and Martha A. Field , Surrogate Motherhood: The Legal and Human Issues ( Cambridge, Mass.: Harvard University Press, 1988) and "The Case Against Enforcement of Surrogacy Contracts", Politics and the Life Sciences 8( 2):199-204 ( 1990).
4.
Defenses of the practice of contract pregnancy that focus on the "right to procreate" sometimes ignore the ethical issues related to the woman who bears the child. Robertson 1983 and 1986 render the pregnant woman all but invisible. Maura A. Ryan critiques Robertson work in "The Argument for Unlimited Procreative Liberty: A Feminist Critique", Hastings Center Report 20( 4):4-12 ( 1990).
5.
See, e.g., Hoyt v. Florida 368 U.S. 57 ( 1961), which held that Florida's automatic exemption of women from jury duty because they might have dependent children at home was not unconstitutionally overbroad. See generally Deborah L. Rhode, Justice and Gender ( Cambridge, Mass.: Harvard University Press, 1989), 29-50.
6.
See, e.g., Andrews, 1989, 252-272; Shalev, 1989, 144; and Hill, 1990, 157-159. In his decision in Orange County ( California) Superior Court, Judge Richard N. Parslow awarded cus-

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Expecting Trouble: Surrogacy, Fetal Abuse, and New Reproductive Technologies
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Foreword vii
  • 1 - Introduction 1
  • Notes 7
  • 2 - The Tailor-Made Child: Implications for Women and the State 9
  • Notes 19
  • References 21
  • 3 - Fetal Personhood: Political Identity Under Construction 25
  • Notes 44
  • References 51
  • 4 - Fetal Endangerment Versus Fetal Welfare: Discretion of Prosecutors in Determining Criminal Liability 55
  • Notes 75
  • References 79
  • 5 - A Gender Analysis of Policy Formation: the Case of Fetal Abuse 85
  • Notes 103
  • References 104
  • 6 - Punishment, Treatment, Empowerment: Three Approaches to Policy for Pregnant Addicts 109
  • Notes 126
  • References 131
  • 7 - The Aclu Philosophy and the Right to Abuse the Unborn 135
  • Notes 140
  • 8 - The Trope of the Dark Continent in the Fetal Harm Debates: "Africanism" and the Right to Choice' 142
  • Notes 152
  • 9 - "Surrogate Mothering" and Women's Freedom: a Critique of Contracts for Human Reproduction 156
  • Notes 171
  • References 174
  • 10 - The "Gift" of a Child: Commercial Surrogacy, Gift Surrogacy, and Motherhood 177
  • Notes 196
  • References 200
  • About the Contributors 203
  • About the Book 205
  • Index 207
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