What’s in It for the Baby? Weighing Children’s and Parents’ Interests in Commercial Surrogacy Agreements. A Reply to Gheaus

Abstract

Abstract In this chapter, Straehle engages with Gheaus’s model of attributing custody. Straehle challenges Gheaus’s premise that only the best available custodian should be granted custody of the newborn child, thus making genetic or intentional links between commissioning parents and the child not the relevant criterion for attributing custody. Straehle argues instead that the wellbeing interests of the child also require secure relationships in order for the right of children to be carefree to be possible. One of the enabling conditions of being carefree are secure relationships. Straehle then argues that the intending parents may be best placed to provide for such security.