The Dilemma Of Surrogacy: Cultural Relativism, Kantianism, And Justice

The dilemma of surrogacy, specifically custody rights, is resolvable under most state laws; however, judges often consider ethical theories in court case discussions surrounding the topic. Nearly any ethical theory could be applied to the question of surrogacy, yet it mainly encompasses three specific ones. Cultural Relativism, Kantianism, and the Justice Theory are all ethical ways of thinking that must be expressed to fully comprehend and debate the concerns of surrogacy use. Along with three theories, the ethical dilemma of surrogacy encompasses three paradigms. Using Truth v. Loyalty, the egg donor is truthfully the biological mother to have custody, yet by loyalty the surrogate should have custody after carrying the child. Reversed, the truth is the surrogate carried the child in her womb, but there should be loyalty to the Calverts who paid and covered medical expenses. Using Individual v. Community, the individual component focuses on the separate rights of the surrogate and the egg donor to have guardianship, whereas the community aspect focuses on what is the best for maintaining a family. With Justice v. Mercy, it can be seen that there is justice in giving the …show more content…
With it, appropriate morals vary between cultures (Teleological Ethics: Ethical Egoism and Cultural Relativism). Teleological ethics is also known as Consequentialist ethics and focuses on the consequences and outcomes rather than the means or intentions. Cultural Relativism was first established by Franz Boas during his anthropological research; however, was later popularized by his students (Cultural Relativism). While Cultural Relativism focuses on the end goal of maximizing happiness, it places the pleasure only on a defined group of people. By doing so, it emphasizes the idea that ethical codes are neither universal nor absolute, but rather vary between particular