Pay woman to get full custody of children.

Question

Would it be ethical for a man who wants children of his own to pay a woman (gestational surrogacy contract) money in California to have a child and than give up full custody.

Would you be willing to do it if you were a woman.

See below

Johnson v. Calvert

The California Supreme Court, in the 1993 seminal case of Johnson v. Calvert (1993) 5 Cal.4th 84 held that the gestational surrogate had no parental rights to a child born to her, affirming a lower Court ruling that a gestational surrogacy contract was legal and enforceable.

Is it ethical for a man to pay his ex wife a large amount of money in order to get full custody of the children in a divorce.

Please see articles below.

http://britneybreakstheice.blogspot.com/2008/07/kevin-federline-secures-full-custody-of.html

http://www.dailymail.co.uk/tvshowbiz/article-512178/First-Jackos-kids-ex-wife-Debbie-Rowe-shows-face.html

Answer 1

Personally, I think it would be ethical for a man to pay a surrogate to have his child.  In this situation, you (as a man) are paying a woman (the surrogate) for a service which is no different than a couple that cannot have children and hire a surrogate.  I have been a surrogate in the past and have had no problems with it.

In the case in which a man is paying his ex-wife, I think it is a bit different and there are a number of factors to consider.  How old is the child?  Has the child formed a bond with the mother already?  What is the status of the mother's mental state?  What are the conditions of the divorce?

Answer 2

No its not ethical

Answer 3

When you say ethical do you mean according to the law, or according to the finer human emotions.

Because in law...people pay other people for children all the darn time.  Havent you heard of cases where a mother 'wants' all of her children, unless father agree's to pay xx amount of dollars in alimony...and suddenly he can have them.  So long as that check is in the mail on time every month.  

As far as surrogacy...is it legal to contract out the body of your child's 'carrier'?  Sure.  Another case where its done all the time.  You arent only paying for the service, you are also paying for the medical time, the time away from work, the time to alter that persons way of living in the best interest of the fetus etc.

Now...Do I think that people should use their children as a chess peice in order to get more money out of their estranged spouse?  No.

Do I think its cool that a surrogate mom can probably get at least ten thousand dollars in case?  Depends.  If its as I wrote above...reimbursement for the service, for the 'wear and tear' on her body, for stopping her from eating Mcdonals for nine months, for quitting her daily trip to starbucks in favor of whole milk...that type of thing...then yeah.  That sounds reasonable.  But if its a straight...dropping babies is how I make my living, and this is what I charge for that service...then No, of course not.

Hope this helps...