The Gestational Surrogate’s Autonomy
Abstract
The necessary consent of the surrogate mother is a safeguard of both her autonomy and her self-disposition
and guarantees not only the protection of human value (article 2, paragraph 1 of the Greek
Constitution) but also the protection of her personality (article 5 paragraph 1 of the Greek Constitution
and article 57 the Greek Civil Code). It is worth noting, after all, that sometimes it is necessary to restrict
the freedom of some people, in order to ensure the freedom of others. The gestational surrogate expectant
is not forced for her act. Autonomy presupposes the possibility of formulating and implementing
a decision, as a form of personal freedom, having as a result that pressure opposes the obstruction
of the surrogate mother and the future parents to do what they want and therefore feel free and not
be oppressed indirectly. On the other hand, Ronald Dworkin reports on the importance of autonomy in
reproduction. According to the liberal view of human value, a behavior is not characterized as inhuman
and degrading, nor immoral, in case it is not perceived as such by the subject who participates in it or
accepts it. Otherwise, an objective approach to this principle would be in case that a behavior is considered
to be inhuman by social criteria and regardless of the expression of the individual’s free consent
and her possible desire to continue in activities offensive to the individual.
Article Details
- Come citare
-
Sakellaraki, K. (2023). The Gestational Surrogate’s Autonomy. Epistēmēs Metron Logos, (8), 21–27. https://doi.org/10.12681/eml.32351
- Fascicolo
- N. 8 (2022): July 2022
- Sezione
- Publishing partner
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