The law has not been clear on the issue of kinship in surrogacy. There are numerous cases where the surrogates have been given visitation rights based on the blood ties they have with the children. Many contracts thought that surrogates enter with parents disallow visitation. The law has had to reanalyze issues of kinship, motherhood, fatherhood, procreation, and marriage. The change in laws has not been consistent though with each case getting a unique ruling. Due to the difference in laws of surrogacy in different states, it is advisable that all intended parents and surrogate mothers arrange a legal representation to ensure that their rights are protected during the surrogacy period and after the birth of the child. The contract should include the compensation for the carrier (Wallbank, 2002).
The concept of infertility in one partner can greatly be implied in the process of surrogacy. In American kinship situation, the cultural motivation is to maximize relatedness and blood ties. This includes the use of nature and law to create a relationship that is lasting and without conflicts. Stigmatization mostly occurs when one of the partners can achieve genetic relatedness during surrogacy. Infertility tends to have a greater impact on male than a female with many women protecting men from the reality of infertility. There are many cases where the wife was assumed to be the infertile one. The issue of childlessness is experienced differently in male and female. Female are usually exposed to great stress while trying to pursue in vitro fertilization which is quite expensive and emotionally consuming when it doesn't succeed.
The process of surrogacy brings legitimacy and adultery issues. While the process of In vitro fertilization the biogenetic materials is still introduced, there is still genetic continuity of a normal family. Complex issues arise from the father's point of view how views another woman, who is not his wife having his children. There is no intercourse between the father and the surrogate; there is still a symbolic form of adultery which is felt. In situations where the surrogate's eggs are fertilized by the sperms of the father, the mother feels excluded from the situation. Issues of accommodation might still arise, as to where the surrogate will be staying. The husband must downplay their intimacy to the surrogate. The situation in most cases brings about a form of polygyny or polyandry relationship (Ragone, 2014).
There is also a significant issue of maternal bonding in surrogacy. Many individuals believe that maternal bonding is created when the child is in the womb. It is the expectation that mothers should be compelled to take care and nurture their children and the surrogates should resist the bonding they have with the children they carry (Grilli & Parisi, 2016). There have been researches that state that even if the eggs and sperms used for gestation are from the parents, their surrogates still pass down some genetic materials. This research is under the premise that the womb is not just a home for the child, but rather it has reprogramming effect on the child from the embryo till its time of being conceived (Ragone, 2014).
The emotional connection that is expected in families is also in question. According to research, children that are born of surrogate mothers tend to have more emotional difficulties as compared to those that have been carried by their biological mothers. The study showed that these children had difficulty coming to terms with the fact that they were carried to term by other women who are not their mothers. The fact that they are biologically related to their parents is also a bone of contention in these children (Innes, 2012).
Conclusion
Kinship ties in today's era have greatly changed. The definition of kinship, parenthood, and other terms has changed considerably to cater for the different cultural values and current laws. In social terms, motherhood and fatherhood definition have no connection to biological facts. There is a great disconnect between reproduction and intercourse. The delivery of children through surrogacy has been one of the main influencers to the change in the definition. Individuals are not considered the real parents of an individual based on their genetic connection but rather due to social ties. Though blood ties are important in any social setting, the issue of surrogacy is motivated by the relatedness of the cultural values of American kinship. The emotional implication of surrogacy can also not be ignored. There is a sense of adultery where the father views a woman who is not his wife as being the mother of his children. This notion has also been seen to affect the children themselves as they view the woman who gave birth to them as having no biological relationship with them. The law is quite vague about the rights of surrogate mother and client couples. With the developing technologies, they have tried to change the meaning of fatherhood and motherhood to cater to the needs of the clients. These issues need to be addressed for any family to chive the main objective of having children, to propagate the lineage.
References
Grilli, S., & Parisi, R. (2016). New Family Relationships: between Bio-genetic and Kinship Rarefaction Scenarios. Antropologia , 29-51.
Innes, E. (2012, June 19). Surrogate-born children are more likely to suffer depression than those carried by their real mother. Daily mail .
Ragone, H. (2014). Surrogate Motherhood and American Kinship. In D. Parkin, & L. Stone, Kinship and Family: An Anthropological Reader. Wiley BlackWell.
Schhneider, D. M. (2004). What is kinship All About? In D. Parkin, & L. Stone, Kinship and Family: An antropological reader. Wiley Blackwell.
Wallbank, J. (2002). Too Many Mothers? Surrogacy, Kinship and the Wellbeing of the Child. Grilli
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