ART or assisted reproductive technology is regarded as a boon for the couples who are not blessed with their own child. The effectiveness of the process is somehow under the microscope in order to examine the effect of the process. The IVF or the In Vitro Fertilization is one of the common process of the fertilization among the patients and the doctors. However, there are some legal and ethical issues associated with the process. The assignment has focused on the biotechnology, bioethics, and the legal issues of the subject and its effectiveness.
The ART or the Assisted Reproductive Technology is the process where the physicians have an important role to play. It is their responsibility to convince the potential parents in order to have the various ways to promote the fertilization. However, there are some ethical issues regarding the fact of this reproductive technology. The Art is effective while any couple does not have their own child for any physical issues and does not want to adopt a child. The ethical issues of the people can be started as the technology needs the maximum people in the process. the process needs a gestational or surrogate mother who will bear the child and the biological parents of the child who will provide the ovum and the sperm to the donor or the surrogate mother (Cunha & Garrafa, 2016). However, then surrogate mother is not provided the right of a legal mother to the child. The process of the Ivf technology allows a woman to carry the child in her womb which does not belong to her genetically. Thus she cannot have the right of a biological mother to the child. the ethical issues rises from the fact that the woman carries the child in her womb and go through the physical and emotional complications due to the pregnancy, yet she has no right on the child.
There are other issues also associated with the process. the people who are married in same sex are having the help of surrogacy in order to have their child (daFonseca et al. 2016). Moreover , there are people who are taking the help of the surrogacy process in order to help their children in the reproduction. The issue rises from the fact that as the child is the surrogate child, will he or she will be regarded as the descendants of a family? The system of the in vitro fertilization needs the ovum and sperm of a man and a woman to reproduce the child. It is not necessary that the two people be related (Fernandes, 2016). In most the time, there are no relation between the donor and the biological parents of the child. according to the law, the child can be the biological descendant of the family in most of the cases. The Uniform Parentage Act 801 (a) of the country has decided that the child needs to be the result of the gestational activities of the biological father and mother of the child. thus according to the law, the surrogate child or the child who is born to the help of any ART process would not be able to have the status of the descendants of a family and cannot own the wealth and other properties of the family (Jain, 2016). The legal treatment of the issue is related to the fact as the law and the jurisdiction of the country has not let the child to have the status of a legal descendants.
On the hand, there are other issues associated with the fact the in vitro fertilization. there are people who have used the fertilization process for reproduction in some serious circumstances. There are instances where the male partner have been died and the female is has preserved the sperm in order to advance the fertilization process. There are issues regarding the unborn child of the person. There are conflicts regarding the fact whether the child would be able to be the descendant of the properties or will of the biological father? There are other factors also. the conflict remains on the fact that the law would wait for the unborn children to born and grow to claim the property of the died person. The UPA act 801(a) does not support the fact the children who is still unborn and not genetically and biologically belongs to the father can claim the property. It also does not allow the carrier and the gestational agreement as the legal document of the biological document of the child (Keown, 2016). Moreover, the not only the UPA act, the other acts of the various states of the country also does not allow the child to have the claim on the property of the father. However, there are some amendments in the law have been done in 2008 that will help child to claim the property. The law will ensure that if there are the relationships of the father and child has been grown between the surrogates or gestated child from a different womb, the child can claim the property of the father. Moreover, the law would also accept the child as the legitimate descendant of the father and let him have the claim on the property.
Adam Briggels concept of the bioethics is also applicable on the above discussion. The concept deals with the advance human reproduction methods (Veatch, 2016). The reproduction method is included of the rich bioethics as there are many legal and ethical issues related to the fact.
In order to conclude, it may say that the bioethics have been the reason to the complications behind the conflicts of the IVF method. moreover, there are some legal facts are evident in the subject as the law have many clauses and conditions regarding the subject which can lead to the conflict between the bioethical and legal factors of the subject.
Cunha, T., & Garrafa, V. (2016). Vulnerability: A Key Principle for Global Bioethics?. Cambridge Quarterly of Healthcare Ethics, 25(2), 197-208.
daFonseca Simas, K. B., Simoes, P. P., Gomes, A. P., Pereira, C. G., & Batista, S. R. (2016). (Bio) Ethics and Primary Health Care: preliminary study on Family clinics in the city of Rio de Janeiro, Brazil. Ciência & Saúde Coletiva, 21(5).
Fernandes, M. (2016). Original Ethics, Hermeneutics and (Bio) Technology: Notes on the possibility of an Ethics for a (Bio) Technological Society in Hans-Georg Gadamer. Pensando-Revista de Filosofia, 7(13), 110-124.
Jain, K. (2016). 35_Surrogate Motherhood-Some Legal and Moral Problems in Bio-Ethics.
Keown, D. (2016). Buddhism and bioethics. Springer.
Veatch, R. M. (2016). The basics of bioethics. Routledge.