Using Mill’s philosophy, the intended parents can exert their liberty to abort the fetus. The intended parents’ decision to abort the fetus exercises utility since it reduces pain and suffering for the fetus and the parents, justifying the intended parents’ decision to do whatever they please to maximize happiness (Mill 1863).On the contrary, letting the intended parents abort the fetus may be seen as inflicting harm on the fetus’ liberty (Mill 1863). Hence, some might argue that the gestational carrier has the right to intervene and thus prevent the abortion. However, Mill’s exception states children, let alone fetuses, do not have liberty because they still need guidance and support (Mill 1863). Additionally, should the act of abortion be
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A woman who has become pregnant naturally, which is impregnation through sexual intercourse, and wishes to keep the child possesses the decision-making rights to the child. Her gestating the fetus should not give her the right to the fetus, but rather her intention to keep the fetus (Liezl 2002). Until her name is written on the birth certificate, she is not technically the legal mother (Resolve 2016). Furthermore, a father is not considered the legal father on the same grounds. A man definitely does not gestate the fetus, but becomes a father legally by placing his name on the child’s birth certificate (Nolo 2016). In that sense, he is intending to become the father of the child and legally claims that intention. By the same token, adoptive parents are not genetically related to the child nor did they gestate the fetus. Through process of the law, they become the legal guardians and are, at the same time, the intended parents of the foster child. Even an anonymous sperm donor does not have paternal claim over the child because the intended father was legally made the guardian (Liezl 2010). Hence, a gestational carrier does have parental rights, but she should not have custody of the fetus or possess decision-making powers of the fetus merely because she gestates the
A woman who has become pregnant naturally, which is impregnation through sexual intercourse, and wishes to keep the child possesses the decision-making rights to the child. Her gestating the fetus should not give her the right to the fetus, but rather her intention to keep the fetus (Liezl 2002). Until her name is written on the birth certificate, she is not technically the legal mother (Resolve 2016). Furthermore, a father is not considered the legal father on the same grounds. A man definitely does not gestate the fetus, but becomes a father legally by placing his name on the child’s birth certificate (Nolo 2016). In that sense, he is intending to become the father of the child and legally claims that intention. By the same token, adoptive parents are not genetically related to the child nor did they gestate the fetus. Through process of the law, they become the legal guardians and are, at the same time, the intended parents of the foster child. Even an anonymous sperm donor does not have paternal claim over the child because the intended father was legally made the guardian (Liezl 2010). Hence, a gestational carrier does have parental rights, but she should not have custody of the fetus or possess decision-making powers of the fetus merely because she gestates the