Surrogacy

Definition

Surrogacy is a practice where a woman carries and delivers a child for another individual or couple, who then become the child's parent(s). It involves the use of assisted reproductive technology to facilitate the pregnancy, with the surrogate mother agreeing to relinquish all parental rights and responsibilities to the intended parent(s) after the child's birth.

5 Must Know Facts For Your Next Test

1. Surrogacy raises complex ethical, legal, and social issues, particularly around the autonomy and rights of the surrogate mother, the welfare of the child, and the potential for exploitation.
2. The legality and regulation of surrogacy varies widely across different countries and jurisdictions, with some banning the practice entirely, while others have specific laws governing its use.
3. Surrogacy can be a costly process, with the intended parents often responsible for covering the surrogate's medical expenses, legal fees, and compensation.
4. Concerns have been raised about the potential for surrogacy to commodify human reproduction and create a market for the buying and selling of children.
5. Psychological and emotional factors, such as the surrogate's attachment to the child and the intended parents' ability to bond with the child, can also be significant considerations in surrogacy arrangements.

Review Questions

• Explain the key differences between gestational surrogacy and traditional surrogacy.
  • The primary difference between gestational surrogacy and traditional surrogacy lies in the genetic relationship between the surrogate mother and the child. In gestational surrogacy, the surrogate mother is not genetically related to the child, as the embryo is created using the egg and sperm of the intended parents or donors. In traditional surrogacy, the surrogate mother is genetically related to the child, as her own egg is used to create the embryo. This distinction can have significant legal and ethical implications, as the surrogate mother in traditional surrogacy may have a stronger claim to parental rights over the child.
• Analyze the potential ethical concerns surrounding the practice of surrogacy.
  • Surrogacy raises a number of ethical concerns, including the potential for exploitation of vulnerable women, the commodification of human reproduction, and the welfare of the child. There are concerns that surrogacy, particularly in the context of international arrangements, may lead to the exploitation of women from economically disadvantaged backgrounds who may feel compelled to act as surrogates for financial reasons. Additionally, the idea of treating pregnancy and childbirth as a commercial transaction has been criticized as dehumanizing and undermining the inherent dignity of human life. Finally, there are concerns about the long-term psychological and emotional impact on the child, who may face issues of identity, attachment, and the potential for conflict between the surrogate mother and the intended parents.
• Evaluate the role of legal and regulatory frameworks in governing the practice of surrogacy.
  • The legal and regulatory landscape surrounding surrogacy varies significantly across different countries and jurisdictions. In some cases, surrogacy is completely banned, while in others, there are specific laws and regulations governing its practice. The presence (or absence) of a clear legal framework can have significant implications for the rights and responsibilities of the parties involved, including the surrogate mother, the intended parents, and the child. Effective legal and regulatory oversight can help ensure that surrogacy arrangements are entered into voluntarily, protect the interests of all parties, and address concerns around exploitation and the commodification of human reproduction. However, the complex and evolving nature of this field means that policymakers must continually re-evaluate and adapt their approaches to address emerging ethical, social, and practical considerations.

Related terms

Gestational Surrogacy: A type of surrogacy where the surrogate mother is not genetically related to the child, as the embryo is created using the egg and sperm of the intended parents or donors.

Traditional Surrogacy: A type of surrogacy where the surrogate mother is genetically related to the child, as her own egg is used to create the embryo.

Intended Parents: The individual(s) who contract with a surrogate mother to carry and deliver a child, with the intent of becoming the legal parent(s) of the child.