Sherlee Brenes
UNST 136A
Christof Teuscher
Spring 2014
Ethical Decision Making
There comes a time where two different parties have a decision to make when it comes to
a new born child. As a jury member for case number two, regarding Mr. X enforcement of the
planned surrogacy contract with Mrs. Y, I will be making a decision by looking into both Mr. X
and Mrs. Y backgrounds and lifestyles with two different types of approaches; the fairness and
justice approach and the virtue approach.
Mr. X has been through a rough time; he has lived through the holocaust as a child and
lost his family during world war two. Since Mr. X lost his family members in the past he wanted
to start a new family of his own. His current wife has MS disease, so she can not have any
children of her own, but she doesn't want to have any of her own either way. Mr. X decided to do
a planned surrogacy with his own sperm, so he contacted a woman, Mrs. Y, to carry his child.
Mrs. Y is a young woman who does not have a job and has two children of her own. She is
already struggling as it is, having two mouths to feed without a job. Mr. X got a contract drawn
up by a lawyer stating that Mrs. Y would receive $50,000 for going through the surrogacy plan
and giving up the baby to Mr. Y, but when the baby was finally born she refused to hand over
her baby. The stakeholders in this case are Mr. X, Mrs. Y, and the newborn baby; Mr. X as the
biological father of the newborn, Mrs. Y as the mother, and the newborn as a new member of
either Mr. X or Mrs. Y’s family.
There are many different consequences in the fairness and justice approach and as well as
with the virtue approach. The fairness and justice approach is where I will look at both of the
parties backgrounds, think about what seems fair to both parties, and how it is justified. In my
point of view it seems fair for Mr. X to take the newborn because of the contract that was drawn
up by the lawyer and both of them. Mrs. Y read the contract and signed the contract, therefore
she knew what was going to happen after the birth of the baby. Since she signed the contract, she
will receive her $50,000 and hand over the newborn to Mr. X. The money that she will receive
should help her out a lot with the two children that she has of her own. With this approach of the
situation it wouldn’t be fair to Mr. X because of the loss of his family as a child, in world war
two during the holocaust. Taking this baby away from Mr. X would mean that he would be
losing a chance of starting a family that he has been wanting for quite some time now, by the
looks of it, and as well a violation from Mrs. Y’s part. Mrs. Y has no authority to violate the
contract that she signed. This decision would seem fair to both parties; Mr. X will have a family
of his own and Mrs. Y will receive $50,000 that she desperately needs with the two kids that she
has of her own, without a job to support them.
As for the virtue approach it would be a different decision for me to make. The virtue
approach is where I look at the situation and ask myself “what is the right thing to do regardless
of the rules?” and also “what kind of person would I become if I do this?” This decision making
is based off of honesty, generosity, and what is ethical or not. In this approach of the situation the
mother, Mrs. Y, does have the right to keep the baby. As of the surrogacy, she has had the child
in her womb for nine long months and later on suffer through labor. As a mother she had to eat
right and do whatever was right for the baby during its development, so that it can be born
healthy. It is unethical to take one's child away from its mother. Even though she already has two
children of her own, she still manages to provide for her children. A mother would do anything
for her children. As for Mr. X, he should either find a different wife that would want to have
children and start a family with him, or he could take in Mrs. Y and her children under his care,
or get a different surrogacy mother.
In conclusion, in my point of view Mr. X should take in Mrs. Y and her children into his
home that way he can be part of a new family and make it his own, as well as expand his family.
Mr. X is a rich man who has no one to spend it on but his wife who doesn’t want to have kids.
With Mr. X’s wife out of the picture and Mrs. Y and her kids in it, he will be able to help raise
the baby that is biologically his, and two other children. Mrs. Y has no money or job to support
her and her children, being with Mr. X will only help her out, both financially and family wise.
Both parties will have nothing to lose but to gain with this decision.