Surrogate motherhood represents an objective failure to meet the obligations of maternal love, of conjugal fidelity and of responsible motherhood; it offends the dignity and the right of the child to be conceived, carried in the womb, brought into the world and brought up by his own parents; it sets up, to the detriment of families, a division between the physical, psychological and moral elements which constitute those families. Increasingly, some wealthy women simply do not want to do the “dirty work” of carrying a pregnancy to term. In the past, surrogacy in countries other than the United States was a popular option for hopeful parents. Soon we may have the technology to determine hair a… However, many see it as distinct from labour (working in a factory or teaching a class). Though there are several countries that support surrogacy, there are a plenty of ethical issues involved. The practice of surrogacy has raised a dense thicket of legal and psychological questions centered on the surrogate mother. Volume X, Number 5, pages 12 and 13 (emphasis in original)]. In both cases, of course, the surrogate is the genetic mother of the resulting child. The aim should be to support a couple with whom it is difficult to get a pregnancy. This article aims to identify the main legal and ethical issues around international surrogacy. There are two types of surrogacies: partial surrogacy and full surrogacy. Interestingly, most contracts between the surrogate and the husband and wife insist that the surrogate abort the child if genetic tests show abnormalities unacceptable to the husband and wife ― in direct conflict with the surrogate woman’s alleged “right to choose.”7 Proponents of “surrogate motherhood” deny any infringement of rights, of course, because they say that the baby in question is mere property under contract. In particular, the country-specific approach opens up the potential to exploit legal loopholes, intended parents, and, ultimately those doing the majority of the labour – surrogates. Quoted in Father Tad Pacholczyk, Director of Education for the National Catholic Bioethics Center. A final ethical issue to mention is exploitation. Ethical Issues With Surrogacy. Biologically, the surrogate has to be someone with the capacity to gestate and give birth – usually a woman. Surrogacy introduces a fracturing influence that can be very detrimental to a child whose parental figures are multiplied. Interestingly, at SUK’s annual conference in September, it was noted that lactation can be induced in men using a similar process as for non-pregnant women. However, surrogacy has come with a complex array of challenging legal and ethical issues, that rarely make it into public discourse. Birmingham B15 2TT [7] Donald DeMarco. Tel: +44 (0)121 414 3344, It has been used for a transgender woman who wanted to breastfeed recently too, UK is currently reviewing its legislation on surrogacy, Language, Cultures, Art History and Music, College of Life and Environmental Sciences, Geography, Earth and Environmental Sciences, Sport, Exercise and Rehabilitation Sciences, College of Engineering and Physical Sciences, See all schools, departments, research and professional services. 4 Ethical Dilemmas of International Surrogacy. The answer to this question is that surrogacy is a very difficult issue, beset with many ethical, social, and legal dilemmas. Some countries see the surrogate, while others the intended mother, as the legitimate mother. For instance, they claim that women are intimately connected to their reproductive capacities and bodies (so pregnancy and birth are special and should not be bought), or that being pregnant requires an unusual time commitment (unlike other kinds of work, the woman works for 24 hours a day, seven days a week, for nine months). ~Kathleen Sloan, director of the Connecticut chapter of the National Organization for Women.1, Surrogate motherhood is the oldest form of assisted reproduction. As the UK is currently reviewing its legislation on surrogacy, giving attentive thought to these issues is a particularly timely demand on all of us. An overview of surrogacy around the world: trends, questions and ethical issues. Ethical Issues with Surrogacy One of the main reasons why surrogacy seems to be surrounded by sharp ethical criticisms is due to the combining of the perceived ‘sacred’ process of reproduction and couples resorting to having children with their money. In these arrangements, there is a genetic relationship between the father and the child (if the adopting father’s sperm is used), but no such relationship if donor sperm is used. Some countries see the surrogate, while others the intended mother, as the legitimate mother. In my own research, I have argued that what partly constitutes this difference is the ‘product’ of this labour. One of the most prominent ethical issues brought up regarding surrogacy is the debate that it is only ‘playing God’, and that it is severe exploitation of the human body. Again, autonomy and justice are extremely prevalent ethical principles to explore when discussing the topic of surrogacy. seem to indicate that there is a lot that is not being revealed by the medical establishment. Although the birth of a child is typically considered a very happy time for parents, surrogacy is often unchartered territory that can become very stressful for all parties involved. [5] Thomas Frank. I think about the complexity of these sorts of questions and defend the importance of protecting and promoting women’s autonomy in my broader work on feminist conceptions of autonomy. These are just three ethical puzzles of surrogacy. 1. For more information and details about how to apply, visit their website. Take the issue of payment: surrogacy involves literal labour (physical and often emotional effort in both gestating and birthing). Surrogacy: Ethical Issues Posted by Brittany Raymer | May 10, 2018 | Life Surrogacy announcements have become so common in Hollywood that it seems like an acceptable option for couples but there are some serious medical and ethical questions to … The UK, Ukraine, US, Australia and India have different regulations about surrogacy. Most studies claim that feelings of regret among surrogates are rare, but the high-profile custody battles between surrogates and intended parents (remember the Mary Beth Whitehead and Anna Johnson cases?) These women consider it a bargain to pay $50,000 to avoid stretch marks and keep their slender figures.3 This practice is sometimes called “Rent‑a‑Womb” or “mercenary motherhood.” If a woman receives no compensation for carrying someone else’s child, she is considered to be participating in “altruistic” as opposed to “commercial” surrogacy. [Thomas A. Shannon. Despite the inevitable difficulties of securing global agreement, concerns about exploitation – of all parties, but especially the most vulnerable – provides a significant reason to push for a global approach to surrogacy arrangements. The duties of parenthood are transferred from the surrogating mother to the contracting couple. After numerous methods of conception, many couples are … To summarize briefly, it is a class-and-gender minefield. If the baby is found to be healthy, she carries it to term, delivers in a hospital, and turns the baby over to the adoptive parents. It is also of primary importance to anyone considering entering into such arrangements. Surrogacy is often thought to be a ‘treatment’ option for the infertile or an alternative to adoption, and so to be celebrated in fulfilling people’s desires to be parents. Surrogacy is an arrangement in which a woman agrees to carry a pregnancy that is genetically unrelated to her and her husband, with the intention to carry it to term and hand over the child to the genetic parents with whom she enters into a contract for surrogacy. And, of course, to ask a woman to give up a child she has carried for nine months, regardless of how much she is compensated financially, will usually leave psychological and emotional scars. "For assistance in searching BIOETHICSLINE, please call 1-800-MED-ETHX (1.800-633-3849) or 1-202-687-3885. (It has been used for a transgender woman who wanted to breastfeed recently too). There are good reasons to worry about a country-specific approach to surrogacy, as outlined in the recent Conversation article I wrote with my colleague, Dr Gulzaar Barn. “Ethical Issues in Artificial Reproduction.” Conscience, September/October 1989. Moreover, the child has no right to learn about possible “siblings” he or she may have. However, surrogacy also brings a wealth of more complex ethical issues around gender, labour, payment, exploitation and inequality. For years, poor Indian women have been exploited by rich Western couples, and surrogacy is now a multi-billion dollar industry in that nation. It is not an inanimate object, like a doll on a production line, or even a one-off performance by a ballerina. Lately, homosexual couples have been resorting to surrogacy in order to have a child. The surrogate is picked on the basis of desirable qualities — appearance, health, and fertility — is paid to provide her body for a period of time, and then she is to disappear. This constitutes an important obstacle to achieving a common approach and a minimum international legal framework. “Gestational” or “full” surrogacy involves the implantation of an embryo produced through IVF. In such cases, there is no genetic relationship between the surrogate mother and the child. Various occupations demand control over the body (ballerinas and astronauts are heavily controlled in what they can eat and how much they exercise, just as surrogates are) and longevity of work (writing a book can take longer than gestating and delivering a baby). Surrogacy is often thought to be a ‘treatment’ option for the infertile or an alternative to adoption, and so to be celebrated in fulfilling people’s desires to be parents. Surrogacy is an acceptable procedure if it is a selfless act by a woman. All this work should be paid, so the argument goes. It is for this reason that some highly controversial and key ethical issues be addressed. The ethical issues with surrogates . While the context of surrogacy may be different than in prostitution — a clinic or an attorney’s office — the two phenomenon [sic] overlap. Surrogacy also poses important ethical issues that render the solution of these legal problems more difficult when international surrogacy takes place. A typical objection to surrogacy (particularly that of commercial surrogacy) is comparing the physical aspects of surrogacy to a form of prostitution: 4 Family Life Lane, Front Royal, VA 22630, Dr. Brian Clowes has been HLI’s director of research since 1995 and is one of the most accomplished and respected intellectuals in the international pro-life movement. Share post ; The rising of prevalence of infertility world over has led to the advancement of Assisted Reproductive Techniques (ART). It is important to note that surrogacy raises many complex ethical, social and legal issues. Similarly, the intended parents must agree to accept and take full responsibility of the infant. The very thought conjures up visions of science fiction movies gone bad, or thoughts of the privileged few genetically creating the perfect child. When money is exchanged for pregnancy, some believe, surrogacy comes close to organ-selling, or even baby-selling. However, measures and guidelines must be to protect all parties and minimize risk. While there are many religious organizations that frown upon the process of surrogacy, this concept is oftentimes the only option for some individuals to start a family. These major ethical issues are faced in Ireland regarding the maternal rights and legal guardianship for the child which were born through surrogacy. Early Mesopotamia Society and Economy at the Dawn of History [Routledge, 1992], page 105. British author Christine Whipp said, “My existence owed almost nothing to the serendipitous nature of normal human reproduction, where babies are the natural progression of mutually fulfilling adult relationships, but rather represented a verbal contract, a financial transaction and a cold, clinical harnessing of medical technology.”. Surrogacy- Legal and Ethical Issues. Some countries give parental rights to intended parents before or at the birth of the child, while others only after six weeks. God designed the family in a way that serves the best interests of the child, and an abundance of peer-reviewed research confirms that this arrangement is the most advantageous for children in all of the aspects of their beings — physical, mental, emotional and spiritual. A very small number of babies are born from altruistic surrogacy arrangements in Australia and New Zealand - not exactly the thousands of cases that pro-surrogacy … Introduction The rapid developments in medical technology have caused ethical and moral dilemmas which directly affect the way we understand reproductive ethics. Being aware of the many issues raised by surrogacy is most relevant when considering both what the law is, and whether or not it should change (i.e. The problems that arise regarding the surrogacy is due to the unrefined Irish legislation which doesn’t cover the legal issues arising from surrogacy. Intended parenthood raises feminist concerns too, such as on gendered roles and expectations. Such children may have as many as three mothers (egg donor, surrogate and adoptive) and two fathers (sperm donor and adoptive). For the reasons already described, the Catechism of the Catholic Church reiterates this principle: “Techniques that entail the dissociation of husband and wife, by the intrusion of a person other than the couple (donation of sperm or ovum, surrogate uterus), are gravely immoral” [¶2376]. Owing to the legal diversity and ethical background of such a globalized practice, a review of the key existing literature on these two matters has been identified and analyzed. In response to a question about whether “surrogate motherhood” is morally licit, the Vatican’s Congregation for the Doctrine of the Faith replied in its document Donum Vitae: No, for the same reasons which lead one to reject artificial fertilization: For it is contrary to the unity of marriage and to the dignity of the procreation of the human person. To put it briefly, surrogacy may appear to be a good idea at the time, but it does not serve the best interests of the intended mother or the child who is born of a surrogate mother. This move, of course, has raised howls of protest from homosexuals who want children, and from some feminists who have trotted out the old tired slogan that women should be able to do whatever they want with their own bodies — even if they are being ruthlessly abused and misused.6. For feminists worried about unequal gender roles in parenting in general, this could be further ammunition for dispelling myths about women as ‘natural’ carers because of their biological capacities. One of Gandhi’s “Seven Deadly Sins” was “commerce without morality.” He would be grieved to learn that his home nation of India is now known as the “surrogacy hub” of the world because surrogacy costs are so low there. To avoid concerns about commodification here, we should resist payment. And what does she feel about relinquishing a child she has nurtured for nine months? “”Making Sense of Bioethics: The Multiple Moral Problems of Surrogacy,” October 2016. The entire idea of a child created in a test tube and carried by an unrelated woman is enough to drive fear into the hearts of many while questioning the ethics of surrogacy. 19.11.2019 | No Comments. “Rent-a-Womb Is Where Market Logic Leads.” The Wall Street Journal, December 10, 2008. God designed the family in a way that serves the best interests of the child, and an abundance of peer-reviewed research confirms that this arrangement is the most advantageous for children in all of the aspects of their beings — … Historians relate that it was practiced in several ancient societies, usually for the purpose of circumventing laws that allowed a husband to divorce his wife on the grounds of her alleged infertility.2. Ethics also come into play when thinking about the gendered nature of surrogacy and intended parenting. Since the birth of the world’s first surrogate baby in the 1980s, surrogacy has become a controversial ethical issue in … The only difference with surrogacy is that the “pimp” has a medical or law degree. The surrogate’s baby usually undergoes prenatal genetic diagnoses (PGDs) early in the pregnancy.
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