In surrogacy, a third party - usually a woman - is used to carry and deliver a child on behalf of another couple. Various ethical and legal issues arise from this practice.
It is a complex issue that affects both the intended parents and the surrogate mother. Some of the key issues include exploitation and child trafficking, reproductive rights, and commercialization.
1. Reproductive Rights
Reproductive rights laws are designed to protect a woman’s reproductive autonomy, her bodily integrity, and her ability to terminate a pregnancy if she feels it is incompatible with her life. Surrogacy contracts often contain termination clauses that permit intended parents to terminate the pregnancy if they feel it is incompatible with their lives and desires.
The issue of a surrogate’s right to terminate her pregnancy is an important one. Some feminist scholars argue that a surrogate should have the ultimate authority to decide whether she will carry a child or not and how long the pregnancy will last.
In some countries, surrogacy may be altruistic, with the surrogate receiving no compensation. In other countries, commercial surrogacy is practiced. This form of surrogacy has raised concerns about exploitation, commodification, and stigmatization, especially in developing nations. In response, some countries have enacted laws to regulate commercial surrogacy.
2. Ethical Issues
The ethical and legal issues of surrogate pregnancy are complex. They include the intended relinquishment of a child carried by a gestating woman; the relationship between the commissioning parents and the surrogate; and potential commercialization.
In most developed countries, women commissioned for surrogacy have access to medical care that meets the standards of the American Society for Reproductive Medicine and their rights to privacy are guaranteed. But in less developed nations, the situation can be more challenging.
Some researchers have linked surrogacy to a number of issues, including the commodification of women’s bodies and reproductive capacities, and the potential for breeding farms that exploit impoverished women into baby producers. These concerns are important for international regulation and intercountry co-operation to address.
3. Legal Issues
The growing popularity of surrogacy has led to a plethora of legal and ethical issues. These include concerns about exploitation of women and children, child trafficking, commodification of reproduction and reproductive rights.
When a woman agrees to become a surrogate, she usually signs a contract with the commissioning parents. The contract may contain provisions for medical care, termination of the pregnancy, payment of compensation and other matters.
Under the right circumstances (implication counselling, careful screening protocols), this procedure is likely to be a positive experience for both commissioning parents and surrogates. However, major problems can arise when there is no agreement in place or when the commissioning parents change their mind after the pregnancy has begun.
4. Financial Issues
One of the most significant issues in a surrogate pregnancy is finances. This can be an extremely difficult topic to discuss with your intended parents, but it is essential.
Ideally, you will be given a comprehensive contract that covers all of the financial aspects of your surrogacy. This includes medical expenses, screening fees, and compensation.
If you do not have a detailed contract, it is up to you to take the lead on these discussions and make sure that you are receiving compensation from your intended parents on time.
It is also important to keep track of your finances. This can be done by tracking your spending using a spreadsheet or a budget-tracking app like Mint.
You should also establish a separate savings account for surrogacy expenses. This will help you keep track of your finances and prevent you from running out of money during your pregnancy.
