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. Such children may have as many as three mothers (egg donor, surrogate and adoptive) and two fathers (sperm donor and adoptive). Surrogacy is a contract where a pregnancy is carried out by a woman for the couple who are unable to conceive their baby on their own. It is true that reproductive scientists are able to accurately tell if a created embryo might carry a specific disease, or even to tell it’s gender. “”Making Sense of Bioethics:  The Multiple Moral Problems of Surrogacy,” October 2016. Here, surrogacy comes as an alternative to have a child when the infertile woman or couple is not able to reproduce. Ethical Issues. 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. It is for this reason that some highly controversial and key ethical issues be addressed. seem to indicate that there is a lot that is not being revealed by the medical establishment. Introduction The rapid developments in medical technology have caused ethical and moral dilemmas which directly affect the way we understand reproductive ethics. Usually, a surrogacy is arranged if the wife is infertile or cannot carry a pregnancy to term for a variety of health reasons. 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 … 1: Surrogacy is Like Prostitution! United Kingdom, Main Switchboard: The UK, Ukraine, US, Australia and India have different regulations about surrogacy. For more information and details about how to apply, visit their website. There are two types of surrogacies: partial surrogacy and full surrogacy. The Ethics of Surrogacy:The 'Con' Voice Against Surrogacy. [7] Donald DeMarco. 19.11.2019 | No Comments. Surrogacy Ethical Issue #2: The Interests of the Child. 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?) Surrogacy is a function of supply and demand where both parties are happy with outcome that involves the distribution of wealth in society Surrogacy is not only a legal but an ethical issue as well. 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. This article aims to identify the main legal and ethical issues around international surrogacy. Edgbaston 4 Ethical Dilemmas of International Surrogacy. This raises an ethical question around whether surrogacy is different from other kinds of paid work and, if it isn’t, shouldn’t we remunerate surrogates? [Thomas A. Shannon. And what does she feel about relinquishing a child she has nurtured for nine months? 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. Soon we may have the technology to determine hair a… Current AwarenessCitations for ongoing new publications on ethical and legal issues raised by surrogacy may be obtained by searching both MEDLINE, using the MeSH term "surrogate mothers," and BIOETHICSLINE, using "host mothers (kw). Some favour altruistic forms of surrogacy, while others allow commercial forms. 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. Legal and ethical issues in cross-border gestational surrogacy. All of the themes, and more beyond, require careful consideration since what we think about each is not just philosophically intriguing but is likely to have implications for how we believe our practice, laws and policy should be shaped. For example, whether women who are surrogates maintain autonomy over their body when they are carrying a foetus for another individual or couple, or when decisions are being made about what happens to that foetus when there is disagreement. The answer to this question is that surrogacy is a very difficult issue, beset with many ethical, social, and legal dilemmas. There are good reasons to worry about a country-specific approach to surrogacy, as outline… Surrogacy introduces a fracturing influence that can be very detrimental to a child whose parental figures are multiplied. To avoid concerns about commodification here, we should resist payment. 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. In my own research, I have argued that what partly constitutes this difference is the ‘product’ of this labour. Best known as author of the most exhaustive pro-life informational resource volume. 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. 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. However, surrogacy also brings a wealth of more complex ethical issues around gender, labour, payment, exploitation and inequality. 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. In such cases, there is no genetic relationship between the surrogate mother and the child. As gendered labour, surrogacy triggers important feminist concerns, such as about bodily autonomy, vulnerability, inequality and rights. Intended parenthood raises feminist concerns too, such as on gendered roles and expectations. 1 “Traditional” surrogacy is also referred to as “partial” or “genetic” surrogacy, and involves artificial insemination. Biologically, the surrogate has to be someone with the capacity to gestate and give birth – usually a woman. Controversial Ethical Issues and Legal Surrogacy Posted on August 13, 2018 April 17, 2020 by Ravi Sharma For a married couple and even for gay couples and single fathers, having a child is the ultimate dream and of course, the proud moments of life, when a cute pie calls them “Papa”, “Dad” or by any other lovely word. 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. 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. Moreover, the child has no right to learn about possible “siblings” he or she may have. "For assistance in searching BIOETHICSLINE, please call 1-800-MED-ETHX (1.800-633-3849) or 1-202-687-3885. After numerous methods of conception, many couples are … The duties of parenthood are transferred from the surrogating mother to the contracting couple. Again, autonomy and justice are extremely prevalent ethical principles to explore when discussing the topic of surrogacy. Quoted in Father Tad Pacholczyk, Director of Education for the National Catholic Bioethics Center. If you are interested in discussing such themes more, SUK is currently looking for members to serve on its Ethics Committee. Ethics also come into play when thinking about the gendered nature of surrogacy and intended parenting. The labour of the surrogate and the ‘result’ of the labour together put surrogacy at a different point on a spectrum of various types of ‘work’. 1. As Kathleen Sloan’s quote above shows, even some of the most extreme pro-abortion feminists recognize the potential for exploitation of women who agree to become surrogate mothers. 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.”. Ethical and Moral Issues Concerning Surrogacy By: Mehpara Haq Surrogacy raises fundamental issues regarding the nature of personhood, the attributes of human dignity, individual autonomy and the perimeters of choice, the distinction between what can be made an object of commerce, what must remain in the domain of gift, and what ought not to be transferred at all . Ethical and Legal Dilemmas of Surrogacy Christie Blackwell HCA 322 Dr. Nine Bell June 17, 2013 Ethical and Legal Dilemmas of Surrogacy Many individuals have a life plan consisting of college, marriage, and then children. [2] Nicholas Postgate. The parental rights holding person acts as the legal guardian who has the authority to care for the child born from the surrogate mother. Though there are several countries that support surrogacy, there are a plenty of ethical issues involved. Similarly, the intended parents must agree to accept and take full responsibility of the infant. It is important to note that surrogacy raises many complex ethical, social and legal issues. Some countries give parental rights to intended parents before or at the birth of the child, while others only after six weeks. He wrote the following: Reproductive prostitution:  The allegation is frequently made that one of the better analogies for surrogacy is reproductive prostitution, the women sells or rent her body or body parts, the relation is impersonal, she is to do what she is told, her value or usefulness comes from her function, she is to leave when she is told, and if there is a pimp, he gets a share of money. 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. 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. The woman allegedly sells her body to make money. Major legal problems arising from international surrogacy International surrogacy used to be popular, but new ethical dilemmas have given professionals pause. If surrogacy ever becomes a widely practiced market transaction, it will probably make pregnancy into just another dirty task for the working class, with wages driven down and wealthy couples hiring the work out because it’s such a hassle to be pregnant.5. Ethical Issues With Surrogacy. Early Mesopotamia Society and Economy at the Dawn of History [Routledge, 1992], page 105. Lately, homosexual couples have been resorting to surrogacy in order to have a child. 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 — … However, many see it as distinct from labour (working in a factory or teaching a class). However, it is not. There are many ethical problems that arise from this process. Is surrogacy right? “Gestational” or “full” surrogacy involves the implantation of an embryo produced through IVF. In the past, surrogacy in countries other than the United States was a popular option for hopeful parents. 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. The Catholic Church holds both of these beliefs, which has been summarised in the following article from a Vatican Publication: The ethical issues with surrogates . 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. . A final ethical issue to mention is exploitation. While the context of surrogacy may be different than in prostitution — a clinic or an attorney’s office — the two phenomenon [sic] overlap. 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. 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. Ethical Issues in Surrogacy: Introduction: Surrogacy is a term used when a woman agrees to carry a pregnancy as a surrogate mother for another person, who will claim the parental rights of the child. The idea of raising a family by homosexual couples brings about other ethical issues of surrogacy. Owing to the legal diversity and ethical background of such a globalized practice, a review of the key existing literature on … An overview of surrogacy around the world: trends, questions and ethical issues. In many cases, it’s not a simple question of doing the right thing versus the wrong thing, but the struggle comes from trying to define what is right or what is wrong. It is also of primary importance to anyone considering entering into such arrangements. This article aims to identify the main legal and ethical issues around international surrogacy. Share post ; The rising of prevalence of infertility world over has led to the advancement of Assisted Reproductive Techniques (ART). 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). . Some countries see the surrogate, while others the intended mother, as the legitimate mother. [1] Kathleen Sloan, director of the Connecticut chapter of the National Organization for Women, during her testimony given to a Minnesota state commission studying surrogate motherhood. These major ethical issues are faced in Ireland regarding the maternal rights and legal guardianship for the child which were born through surrogacy. The surrogate’s baby usually undergoes prenatal genetic diagnoses (PGDs) early in the pregnancy. Some favour altruistic forms of surrogacy, while others allow commercial forms. 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. When money is exchanged for pregnancy, some believe, surrogacy comes close to organ-selling, or even baby-selling. Since the birth of the world’s first surrogate baby in the 1980s, surrogacy has become a controversial ethical issue in … 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. The practice of surrogacy has raised a dense thicket of legal and psychological questions centered on the surrogate mother. 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 both cases, of course, the surrogate is the genetic mother of the resulting child. Surrogacy- Legal and Ethical Issues. Others argue that there is equivalence to traditional work. (It has been used for a transgender woman who wanted to breastfeed recently too). Take the issue of payment: surrogacy involves literal labour (physical and often emotional effort in both gestating and birthing). Surrogacy also poses important ethical issues that render the solution of these legal problems more difficult when international surrogacy takes place. 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]. 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. Some countries see the surrogate, while others the intended mother, as the legitimate mother. [6] “India Unveils Plan to Ban Surrogacy.”  BBC News, August 25, 2016. The problems that arise regarding the surrogacy is due to the unrefined Irish legislation which doesn’t cover the legal issues arising from surrogacy. Because of rampant abuses, the Indian government has moved to ban the practice of commercial surrogacy, while allowing it to continue only for closely related relatives. 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. 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. 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. To summarize briefly, it is a class-and-gender minefield. Is she an employee, a prostitute, or a slave? The woman for doing surrogacy is hired the intended couple through an agency our other sources. Surrogacy also poses important ethical issues that render the solution of these legal problems more difficult when international surrogacy takes place.