Final answer:
A surrogate decision maker is a legally competent individual appointed to make healthcare decisions for someone unable to do so. Requirements vary, but typically involve being chosen by the patient or appointed by a court. Examples include family members acting for incapacitated adults, or surrogate mothers in the context of gestational surrogacy agreements.
Step-by-step explanation:
A surrogate decision maker is an individual appointed to make healthcare decisions for someone who is unable to make decisions for themselves due to illness or incapacity. The primary requirements for becoming a surrogate decision maker typically involve being legally competent, being chosen by the patient when they were competent, or being appointed by the court if no prior designation exists. In many cases, the surrogate is a family member, but they can also be a close friend or a legally appointed guardian. Ethical guidelines suggest the surrogate should act in accordance with the patient's wishes or, if those are unknown, in the patient's best interest
An important setting where surrogate decision making occurs is in the case of gestational surrogacy. A surrogate mother or gestational carrier agrees to become pregnant on behalf of another person or couple, and the surrogate decision relates to the medical care during pregnancy and relinquishment of the child post-birth, which involves a formal agreement. The requirements for surrogacy agreements vary by jurisdiction but generally include being of a certain age, having previously given birth, and passing medical and psychological screenings.
In the context of safeguarding genetic information or making decisions for minors, different laws and ethical considerations apply. For genetic information, there are legal protections like the Genetic Information Nondiscrimination Act (GINA) in the United States, which prevent the misuse of genetic data. Regarding minors, parents or legal guardians typically serve as the surrogate decision makers for medical decisions, although exceptions exist depending on the circumstances and the jurisdiction.