Surrogacy

Definition

Surrogacy is a reproductive arrangement in which a woman, known as the surrogate, carries and gives birth to a child for another person or couple who are unable to conceive or carry a pregnancy themselves. This process can involve either traditional surrogacy, where the surrogate is the biological mother, or gestational surrogacy, where the surrogate has no genetic link to the child. Surrogacy raises various ethical, legal, and emotional considerations, particularly regarding parental rights and the welfare of the child.

5 Must Know Facts For Your Next Test

1. Surrogacy arrangements can be found across different cultures and are often guided by various legal frameworks that differ by region.
2. In gestational surrogacy, embryos are created using IVF and transferred to the surrogate, allowing for greater control over genetic connections.
3. Surrogacy can be altruistic, where the surrogate is compensated only for expenses, or commercial, where she receives payment beyond those costs.
4. Legal issues surrounding surrogacy often include parental rights, custody arrangements, and contracts that outline the expectations of both parties involved.
5. The psychological implications for all parties in a surrogacy arrangement are significant and may require counseling or support throughout the process.

Review Questions

• How do traditional and gestational surrogacy differ in terms of biological connections to the child?
  • Traditional surrogacy involves the surrogate using her own egg, making her the biological mother of the child. In contrast, gestational surrogacy does not involve the surrogate's eggs; instead, embryos created through IVF using eggs and sperm from the intended parents or donors are implanted in her uterus. This distinction has implications for both legal rights and emotional connections within surrogacy agreements.
• Discuss some of the ethical considerations that arise from surrogacy arrangements.
  • Surrogacy raises various ethical questions, such as the potential exploitation of women who serve as surrogates, particularly in commercial arrangements where financial motives are involved. There's also concern about informed consent, ensuring that surrogates fully understand their rights and responsibilities. Additionally, issues surrounding parental rights can lead to conflicts, especially if there are disputes about custody after birth. The welfare of the child born through surrogacy is a critical consideration as well.
• Evaluate how different legal frameworks around the world impact surrogacy practices and the rights of all parties involved.
  • Legal frameworks governing surrogacy vary widely across different countries and regions, affecting how these arrangements are structured. In some places, surrogacy is fully legal and regulated, providing clear guidelines on parental rights and responsibilities. In other regions, it may be banned or not recognized legally at all, leaving intended parents without legal recourse if disputes arise. This inconsistency creates a complex landscape where individuals seeking surrogacy must navigate differing laws that influence their options and protections. Ultimately, these laws shape not only access to surrogacy but also impact ethical considerations related to exploitation and consent.

Related terms

gestational surrogacy: A type of surrogacy where the surrogate carries a baby conceived through in vitro fertilization (IVF) using an egg and sperm from the intended parents or donors.

traditional surrogacy: A type of surrogacy in which the surrogate uses her own egg and is artificially inseminated with sperm from the intended father or a donor, making her the biological mother.

assisted reproductive technology (ART): A range of medical procedures used to address infertility, including in vitro fertilization (IVF), artificial insemination, and embryo transfer.