Comparison of Cases Legal and Social Assumptions
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Institution
Legal Cases代写 A case was brought before the court in New Jersey which took the court by surprised owing to its peculiarity and one of its kind at that time.
Abstract
In 1987, a case was brought before the court in New Jersey which took the court by surprised owing to its peculiarity and one of its kind at that time. The unprecedented case was about the custody of the child in the case of surrogacy. The issue on surrogacy being the center of all the cases, this paper target to compare the three on the assumptions made. In this focus, the brief introduction providing a brief summary of the cases is essential as well as the account to the decisions made. Legal Cases代写**成品
Later in the paper, detailed analysis of the cases is made bringing the major differences between the Baby M case with the two Johnson v. Calvert and K.M. v. E.G. cases. The comparison brings out the legal and social issues which in all the cases. The paper concludes with a restatement and observations made from the analysis of the cases.
Introduction Legal Cases代写
Surrogacy has taken center stage in the all the three cases with all of them asking a question of the right and responsibility as to the child or children involved. The surrogacy motherhood being the pertinent question. The courts are left with the decisions to make on who gets the custody or has the right to the child. Further, in making such decisions, the court is also guided by the common law of putting the interests of the child. And the child welfare as the key determining factors on which other considerations were attached. Legal Cases代写**成品
However, in all the cases except the Baby M case which looked at the social aspect and tried to offer a solution. The two have purely concentrated on the legal dimensions the cases took. Therefore, before detailed comparison of the two cases that are between Johnson v. Calvert (1993) and K.M. v. E.G. (2005), with that of Baby M, it is prudent to give their brief account and the court decision therein.
Baby M Case. Legal Cases代写
Generally, this is the case on the question of the surrogate motherhood. The defendant, Mary Beth Whitehead, who is the surrogate mother, was sued for refusing to honor the surrogacy contract entered between her and William Stern, the husband to Elizabeth. The decision to have the baby through surrogate was made between the couple after Elizabeth’s poor health. And it being the only available and convenient method for them to have a baby of their own. Legal Cases代写**成品
The case was unprecedented, and therefore the court had a difficult time balancing between the legality of the contract, the interest of the child, rights of the parties involved, and the moral perspective of the case. Although the case to give Mr. Stern order to the child was overturned by the appellate court, after consideration of the best interest of the child welfare. Mr. Stern was given the custody to the child. However, surrogacy was termed inhuman and socially unacceptable as it was viewed tantamount to child commercialization.
Johnson v. Calvert Case Legal Cases代写
The case raised the question of the advanced technology in surrogacy that involved vitro fertilization in which the couples provide the sperm and ova, and the zygote thereof formed inserted in another woman’s uterus for gestation. Both Mark and Crispina are married couples and knew Crispina health wise could not carry the child. They wanted a child of their own, and therefore, Anna offered to help. The zygote from sperm and ova of the couple was inserted into the womb of Anna who became the surrogate for the gestation period. Legal Cases代写**成品
Anna sued to claim the legitimacy to have the child as her own. The court observed that the couple had the best interest to have the child otherwise the child will be non-existent in the case. However, to determine the case, the best interest of the child was considered for the responsible and legal motherhood. Moreover, therefore, as per the federal constitution and public policy, the couple are the natural parents and not violation applied.
K.M. v. E.G. Case Legal Cases代写
The case involved two lesbian partnership. E.G intended to have a child but through the donation of ova from K.M who later signed the agreement. That saw K.M relinquish the rights and claims subject to the custody and interests as to the resultant child or children. When K.M sued the appellate decision was overturned to have K.M rights to the children all the factors to the case put to consideration.
Social and Legal Assumptions Legal Cases代写
In arriving at a court decision, there are social and legal assumptions that it has to make for rationality and fairness in the ruling. In all the three cases, the court made assumptions congruent to the circumstances of each case. The Baby M being the most profound case informing the precedent on which the subsequent cases were based. However good it was, had some flaws in comparison with the legal argument of the other cases both in legal and social perspective. Legal Cases代写**成品
The case was filed when the question on surrogacy motherhood has never caught the attention of the court. Thus the judges did not have a case to refer as a precedent. As such, much of the case arguments were dependent on the common laws and social opinions and views.
The issue on surrogacy motherhood attracted not only legal questions but also social aspects of it. Legal Cases代写
The court considered both the social and legal implication of its ruling as well as forming the basis on which other cases would be decided. The various legal aspects considered include the legality of surrogacy motherhood, the right of the surrogate mother, the right of the biological father. And that of the adopting mother and above all the welfare of the child. Legal Cases代写**成品
Therefore, for the decision to be in the best interest of the child, the court had to assume that Mr. Stern and his wife Elizabeth had the intention to be parents, but the only means available was surrogacy. The court also assumes the possibility of adoption was out of the question if not possible given the number of years one had to wait. Therefore, Mr. Stern and her wife action to seek for surrogate was guided by the need for the child.
In the question of the surrogate motherhood, the court assumes that the surrogate had the intention to keep the baby by the virtue choosing to keep the pregnancy until birth. Legal Cases代写
As on the legality of the contract and lack of the question in its protest, the court assumes both parties acted rationally. And duress and misrepresentation was not a consideration. The court decision was also inclined to believe in the unacceptable nature of surrogacy in social terms. Thus assumed in general parlance of common law, surrogate motherhood is equivalent to trading the human life and therefore unacceptable. Further, the assumption that the surrogate mother suffered from embarrassment. As well as the loss of the child and the act, dehumanize the women and their social life.
On the other hand, both the Johnson v. Calvert Case and K.M. v. E.G. Case are legally but not socially connected with the Baby M case.
Reason being, Baby M case tried to offer a remedy to both legal and social problem. Whereas the court is mandated not to interfere with social life but to enforce the law through the court. Both cases have no problem with surrogacy but majorly vest their argument on the question of the legality and responsibility of motherhood in the contracts which involve surrogacy. They base their assumption that the law does not explicitly offer a solution to the governing of surrogacy relationships. And therefore any decision made will be based on the best interest of the child. Legal Cases代写**成品
The cases assume the social effects that come with surrogacy contracts nor gestating contracts. In their decision, the court considers a couple of the party intention in the contract. For instance, in the Johnson v. Calvert case, the contract of gestation which amounts to surrogacy which the Baby M in social perspective argued against, was viewed valid as it gave the couple chance to have a child who was genetically theirs. In this case, the court relied on the intention of the parties as well as where the best interest of the child will be served.
Today, surrogacy motherhood has continued to be used as an alternative form to that couple unable to sire the child of their own. Legal Cases代写
The existence of surrogacy is vest to the advancement in technology which has made vitro fertilization possible. Regarding the cases, the question on surrogacy motherhood was pertinent. However, the case of Baby M extended to the social aspect when arriving at a decision. The other two focused purely on the legal aspect of the cases ignoring the social impact of the decisions made. Further, the assumptions made in each of the cases were dependent on nature and the interests of the child.
References
Baby M, 537 A.2d 1227, 109 N.J. 396 (N.J. 02/03/1988)
Johnson v. Calvert 851 P.2d 776 (Cal. 1993)
K.M. v. E.G. 117 P.3d 673 (SC Cal. 2005)
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