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Since Australias federation, Christianity, rather than Buddhism has had a greater influence on how contemporary society responded to bio-medical issues. Despite this, the Australian law on surrogacy more closely aligns with the beliefs of Buddhism as a consequence of the Australian populace increasingly veering away from mainstream Christian ideologies into a secular world. To understand the extent to which World religions influence the Laws of Australia, this essay will examine the controversial issue of surrogacy, the negative perspective Christianity and the positive perspective Buddhism maintains and further any correlation these opposing ethics have had on Australias laws on surrogacy. This will be proven in the analysis of Buddhism, and Christianity; specifically the denominations, Catholic and Methodists, through their respective sacred texts and teachings that serve as an ethical guideline to bio-medical issues.
Denominations of Christianity each respond to bio-medical issues differently, with Methodists maintaining a more liberal viewpoint on surrogacy in comparison to the strictly anti-surrogacy stance of Catholics. The Catholic Church in its pro-life ideologies supports a married couples desire to have children, however, as long as it is within the lines God has provided humans the means to reproduce. (Camosy, 2012). Thus, the Catholic Church responds to this bio-medical issue with a supernaturalistic ethical framework. The Australian Catholic Bishops Conference submitted in a report …that surrogacy, both commercial and altruistic, is inherently flawed and offends human dignity, (ACBC, 2016). Upon conception a child possess dignity and right to live, (CCC; 2378). To disrespect this goes against the generosity and divinity of God. Surrogacy may utilise the process; Assisted Reproductive Technology (ART), which could include the possibility of human embryos being discarded. According to the Catholic Church of Australia, if respect is not inherent in the manner by which a person is conceived and if conception is treated as a mechanical means of production, then respect is denied to the child, (ACBC, 2016). In slight contrast, Methodists believe that embryos formed in the processes of ART and IVF can be frozen for later use of the couple, or they may consent the spare to research or destroyed after fourteen days, (BBC, 2019). In regards to whose gametes can be used in these processes, Catholics and Methodists agree that third party gametes are not acceptable. The Catholic, Donum vitae, regards the use of third party gametes as, ‘…a violation of the reciprocal commitment of the spouses and a grave lack in regard to that essential property of marriage which is its unity. (Donum vitae, 2008). The United Methodist Church, in a report on Ethics of Embryonic Research urged couples alone to determine the amount of eggs to fertilize and implant on a case-by-case basis. (Book of Resolutions of The United Methodist Church, 2016). The Australian legislation is restrictive on commercial surrogacy, however, broadly speaking it is non-specific, where the Christian doctrine is specific in aspects of marriage, the dignity of a child and the moral dilemmas that may arise. Christianity recognises the legitimacy of the desire for a child and understands the suffering of couples struggling, however, depending on the denomination, there is an overall negative perspective towards surrogacy.
Surrogacy is accepted by Buddhism as the world religion addresses issues with a duty based ethical framework that is based on the Five Precepts, (Easwaran, 2017). In the Triratna Buddhism community, their faith in the Three Jewels of Buddha, Dharma and Sangha finds everyday practical expression in their aspiration to live by ethical precepts, to the best of their ability. The first precept in both sets of precepts expresses the overarching Buddhist ethical value ahimsa (non-harming) to abstain from causing harm and to cultivate loving kindness. (Triratna, 2019). Therefore, surrogacy is acceptable as long as the primary purpose of being a surrogate mother is out of compassion instead of profit, as long as being one, or engaging the help of one does not break any precepts. The conditions of Buddhism on surrogacy include the killing of nothing at any point in observance of the first precept. No stealing such as stealing the child away from surrogate mother in observance of the second precept. No sexual misconduct such as extramarital sex in observance of the third precept. No lying about the childs surrogate mother in observance of the fourth precept. (Frank, 2015). The Australian legislation on surrogacy may align with the more inclusive beliefs of Buddhism, however, there are no direct links between the two. Unlike Christianity that makes procreation a moral obligation, Buddhism supports surrogacy in the forms of technological enhancements and the use of a surrogate mother to ensure the suffering of another ends.
Christianity established a foothold in Australia sixty years before Buddhism, thus having a greater influence over Australian society during its Federation, regardless of this, world religions have had limited influence on the legislations formed on recent bio-medical issues. In Australias Federation, Christian ideology penetrates both the legal and governmental customs that were developed. Sir John Downer, a distinguished co-author of the Australian Constitution, declared, The Commonwealth of Australia will be, from its first stage, a Christian Commonwealth. In addition, Christianity, especially their missionaries were significant to European Colonial Powers in an establishment of a colony such as the one in Coffs Harbour in, (Australian Government, 2015). They were deemed as ‘…visible saints, exemplars of ideal piety in a sea of persistent savagery,’ (Unknown, 1793). Christianity lacks the same significance in contemporary society as it once had in the past. According to the Australian census, between 2011 and 2016, the percentage of people who identified as a Catholic decreased by 2.7% from 25.3%. The percentage of people who identified with the United Methodist Church decreased by 1.3% from 5%. Other Christian denominations followed the same declining pattern. Buddhism only decreased by 0.1% from 2.5%. Australian society has become secular in its views, with 30.1% identifying as having no religion in 2016, which was 7.8% higher than 2011. The younger generation, aged 18-34, were more likely to be affiliated with no religion (39%). (Australian Bureau of Statistics, 2016). Subsequently, world religions are not shaping the morals and attitudes of the youth and in turn struggle to influence societal attitudes around new biomedical issues. To coincide with this, according to the 2011 census, less than one in seven of the Australians who ticked Christianity on their census form regularly attended a church. Therefore, the influence of Christianity as a whole has continually decreased over time. (Australian Bureau of Statistics, 2016). This declining influence is evident in the multiple amendments made to the legislation on surrogacy across states between 2004 and 2010; which have changed the rules on Australian surrogacy to become more lenient. Currently under Australian law, Queensland, New South Wales, Tasmania and the Australian Capital Territory ban commercial surrogacy, whilst in all jurisdictions except the Northern territory, altruistic surrogacy is allowed. (Australian Government, 2015). The legislation may coincide with Buddhist and Methodists beliefs, however, the increased number of Australians identifying with no religion illustrates clearly the limited influence any World religion has on the politics surrounding bio-medical issues.
The negative perspective of Christianity and the positive perspective Buddhism maintains little influence over the Legislation of Australia on the bio-medical issue of surrogacy. This was proven in the analysis of Buddhism, and Christianity; specifically the denominations, Catholic and Methodists, through their respective sacred texts and teachings that serve as an ethical guideline to bio-medical issues. Since Australias federation, Christianity, rather than Buddhism has had a greater influence on how contemporary society responded to bio-medical issues. Despite this, the Australian law on surrogacy more closely aligns with the beliefs of Buddhism as a consequence of Australian populace increasingly veering away from mainstream Christian ideologies into a secular world.
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