Legal and ethical issues in cross-border gestational surrogacy. 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. These are just three ethical puzzles of surrogacy. The introduction of contraceptive technologies hasresulted in the separation of sex and procreation. To summarize briefly, it is a class-and-gender minefield. Marketing expert Thomas Frank summarizes the primary problems inherent in such an arrangement: Surrogate motherhood has been the subject of much philosophical and political dispute over the years. 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. Against Surrogacy: Argument No. 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. 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. However, surrogacy also brings a wealth of more complex ethical issues around gender, labour, payment, exploitation and inequality. . Birmingham B15 2TT The duties of parenthood are transferred from the surrogating mother to the contracting couple. The only difference with surrogacy is that the “pimp” has a medical or law degree. Surrogacy also poses important ethical issues that render the solution of these legal problems more difficult when international surrogacy takes place. 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.”. It is for this reason that some highly controversial and key ethical issues be addressed. 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. This article aims to identify the main legal and ethical issues around international surrogacy. 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. Owing to the legal diversity and ethical background of such a globalized practice, a review of the key existing literature on … As a philosopher at the University of Birmingham, I am interested in ethical issues such as these. 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’. 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. “”Making Sense of Bioethics: The Multiple Moral Problems of Surrogacy,” October 2016. People struggle with ethical issues throughout many situations in life. The problems that arise regarding the surrogacy is due to the unrefined Irish legislation which doesn’t cover the legal issues arising from surrogacy. However, surrogacy has come with a complex array of challenging legal and ethical issues, that rarely make it into public discourse. This constitutes an important obstacle to achieving a common approach and a minimum international legal framework. These major ethical issues are faced in Ireland regarding the maternal rights and legal guardianship for the child which were born through surrogacy. While the context of surrogacy may be different than in prostitution — a clinic or an attorney’s office — the two phenomenon [sic] overlap. Edgbaston Is surrogacy right? United Kingdom, Main Switchboard: A surrogate mother is a woman who agrees to carry someone else’s baby after becoming pregnant using some form of assisted reproduction, usually in-vitro fertilization (IVF) or artificial insemination. 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. 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. Volume X, Number 5, pages 12 and 13 (emphasis in original)]. If you are interested in discussing such themes more, SUK is currently looking for members to serve on its Ethics Committee. For more information and details about how to apply, visit their website. An overview of surrogacy around the world: trends, questions and ethical issues. 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. 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. 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. In My Mother’s Womb: The Catholic Church’s Defense of Natural Life. “Rent-a-Womb Is Where Market Logic Leads.” The Wall Street Journal, December 10, 2008. 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. In the past, surrogacy in countries other than the United States was a popular option for hopeful parents. articles ; Jul 14. Ethical Issues. Unfortunately, some people who do not understand absolutely the issue compare the procedure with prostitution or a “uterus for rent”. 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. 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 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. 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. Surrogacy is the practice in which a family who is infertile and desperately wanting baby that carries their blood, pays a woman to carry the husband’s seed and give birth the baby. Is she an employee, a prostitute, or a slave? 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). 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). 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). 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. 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]. Surrogacy- Legal and Ethical Issues. [4] Interestingly, dissenter Thomas A. Shannon, writing for Conscience, the journal of the rabid pro-abortion group “Catholics” for a Free Choice used this term. It is a living human child. Some countries see the surrogate, while others the intended mother, as the legitimate mother. [7] Donald DeMarco. [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. Ethical Issues With 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. In both cases, of course, the surrogate is the genetic mother of the resulting child. Others argue that there is equivalence to traditional work. There are two types of surrogacies: partial surrogacy and full surrogacy. To avoid concerns about commodification here, we should resist payment. A final ethical issue to mention is exploitation. The UK, Ukraine, US, Australia and India have different regulations about surrogacy. 1. Introduction The rapid developments in medical technology have caused ethical and moral dilemmas which directly affect the way we understand reproductive ethics. Moreover, the child has no right to learn about possible “siblings” he or she may have. Further, as recently appointed Chair of Surrogacy UK’s (SUK) Ethics Committee, I help the organisation think more about the ethics of their internal procedures and external public policies. It threatens to commodify not only babies, but women as well, putting their biological functions up for sale like so many Jimmy Choos [expensive women’s designer shoes]. 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. There are many ethical problems that arise from this process. A few of the many issues raised by surrogacy include: the rights of the children produced; the ethical and practical ramifications of the further commodification of women’s bodies; the exploitation of poor and low income women desperate for money; the moral and ethical consequences of transforming a normal biological function of a woman’s body into a commercial transaction. 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. Usually, a surrogacy is arranged if the wife is infertile or cannot carry a pregnancy to term for a variety of health reasons. The ethical issues with surrogates . All this work should be paid, so the argument goes. After numerous methods of conception, many couples are … 1: Surrogacy is Like Prostitution! The woman allegedly sells her body to make money. "For assistance in searching BIOETHICSLINE, please call 1-800-MED-ETHX (1.800-633-3849) or 1-202-687-3885. 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. It is important to note that surrogacy raises many complex ethical, social and legal issues. It is not an inanimate object, like a doll on a production line, or even a one-off performance by a ballerina. “Ethical Issues in Artificial Reproduction.” Conscience, September/October 1989. As gendered labour, surrogacy triggers important feminist concerns, such as about bodily autonomy, vulnerability, inequality and rights. The UK, Ukraine, US, Australia and India have different regulations about 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? 1 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 … “Traditional” surrogacy is also referred to as “partial” or “genetic” surrogacy, and involves artificial insemination. The author also discussed this practice extensively with medical doctors in Bangalore in November 2016. The idea of raising a family by homosexual couples brings about other ethical issues of surrogacy. Similarly, the intended parents must agree to accept and take full responsibility of the infant. 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. 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. 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. Quoted in Father Tad Pacholczyk, Director of Education for the National Catholic Bioethics Center. The Ethics of Surrogacy:The 'Con' Voice Against Surrogacy. 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 . . A final ethical issue to mention is exploitation. 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 such cases, there is no genetic relationship between the surrogate mother and the child. 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. Intended parenthood raises feminist concerns too, such as on gendered roles and expectations. seem to indicate that there is a lot that is not being revealed by the medical establishment. “Gestational” or “full” surrogacy involves the implantation of an embryo produced through IVF. Soon we may have the technology to determine hair a… Manassas, Virginia: Trinity Communications, 1987, page 181. Some countries see the surrogate, while others the intended mother, as the legitimate 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. 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 — … 4 Ethical Dilemmas of International Surrogacy. This article aims to identify the main legal and ethical issues around international surrogacy. However, surrogacy also brings a wealth of more complex ethical issues around gender, labour, payment, exploitation and inequality. Some countries give parental rights to intended parents before or at the birth of the child, while others only after six weeks. 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. Share post ; The rising of prevalence of infertility world over has led to the advancement of Assisted Reproductive Techniques (ART). 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. Mr. Frank identifies one of the problems surrounding surrogate motherhood that most people do not even think about — the exploitation of poor women, both in this nation and in others. In my own research, I have argued that what partly constitutes this difference is the ‘product’ of this labour. [6] “India Unveils Plan to Ban Surrogacy.” BBC News, August 25, 2016. 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. Surrogacy is an acceptable procedure if it is a selfless act by a woman. Some favour altruistic forms of surrogacy, while others allow commercial forms. 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. The parental rights holding person acts as the legal guardian who has the authority to care for the child born from the surrogate mother. And what does she feel about relinquishing a child she has nurtured for nine months? Though there are several countries that support surrogacy, there are a plenty of ethical issues involved. 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. [3] Just Google “surrogate motherhood” to see advertisements ranked in the top spots, offering large sums for carrying a healthy baby to term for a rich woman. Likewise, women might feel breastfeeding is what ‘real’ mothers (and women) do (and why intended mothers – ie, women who are not pregnant – might want to induce lactation). Major legal problems arising from international surrogacy (It has been used for a transgender woman who wanted to breastfeed recently too). This includes whether women in particular feel that being mothers is critical to being ‘proper’ women (and hence why they might pursue surrogacy if they cannot carry their own children). 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 … Here, surrogacy comes as an alternative to have a child when the infertile woman or couple is not able to reproduce. 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. 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. In essence, [surrogacy] is the ultimate manifestation of the neoliberal project of capitalist commodification of all life to create profit and fulfill the narcissistic desires of an entitled elite. There are two general types of surrogacy: Whatever form it takes, surrogate motherhood is a form of “reproductive prostitution.”4 In street prostitution, the woman sells or rents her body or body parts, the relationship to the “customer” is entirely impersonal, she must do what she is told, her value or usefulness comes solely from her function, she is to leave when she is told, and if there is a pimp, he gets a share of the money. International surrogacy used to be popular, but new ethical dilemmas have given professionals pause. This constitutes an important obstacle to achieving a common approach and a minimum international legal framework. The aim should be to support a couple with whom it is difficult to get a pregnancy. When money is exchanged for pregnancy, some believe, surrogacy comes close to organ-selling, or even baby-selling. The woman for doing surrogacy is hired the intended couple through an agency our other sources. [5] Thomas Frank. [Thomas A. Shannon. what it should be). Surrogacy introduces a fracturing influence that can be very detrimental to a child whose parental figures are multiplied. 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.
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