The Legal and Ethical Implications of Surrogacy

Surrogacy raises several legal and ethical issues, including questions about the rights and responsibilities of the intended parents, the surrogate, and the child.

One of the main legal issues surrounding surrogacy is the question of parental rights. In a traditional surrogacy arrangement, the surrogate is the child's biological mother, which can lead to complications when determining legal parentage. In a gestational surrogacy arrangement, the surrogate carries an embryo created with the intended parents' or donors' eggs and sperm, which makes the intended parents the legal parents from birth. However, the laws regarding gestational surrogacy can still vary widely from country to country and state to state, and legal parentage may not always be clear-cut. This is why it's important to work with an attorney and/or agency with experience in legal parentage for same-sex couples or single parents to avoid any legal issues that may arise.

Another legal issue is the financial aspect of surrogacy. Surrogacy can be costly, and there are questions about who should pay for expenses related to the pregnancy, birth, and child. Typically, intended parents agree to cover the pregnancy and birth costs, and the surrogate is not paid for carrying the child. It's also common for the intended parents to have a legal contract that defines both parties' financial aspects and responsibilities.

From an ethical standpoint, surrogacy raises questions about the commodification of the human body, the exploitation of women, and the child's welfare. Some argue that surrogacy treats women as little more than baby-making machines. In contrast, others argue that surrogacy can empower women by allowing them to make important decisions about how they want to use their bodies. Additionally, the child's welfare is a major concern for critics of surrogacy, as the child may be viewed as a commodity to be bought and sold.

Critics also argue that surrogacy perpetuates the traditional family structure and can exclude some individuals or families who may not afford the cost of surrogacy. It can exacerbate social inequalities and marginalise groups of people who can't access the option.

On the other hand, proponents of surrogacy argue that it allows couples or individuals who cannot conceive or carry a child to have a biological child and gives surrogates a chance to help others build their families while providing them with financial compensation.

Surrogacy can also raise issues related to the surrogates' autonomy, as they are usually expected to follow certain protocols throughout the pregnancy, giving up certain rights and pleasures, and might not have enough control over the decision-making process. Surrogates need to have legal representation, be protected from exploitation, and have a legal contract laying out their rights and responsibilities.

In conclusion, surrogacy raises several legal and ethical issues. It is important for all parties involved to be aware of these issues and make informed decisions about whether surrogacy is the right choice for them. It's also important for society to have open and honest discussions about the implications of surrogacy and to work towards creating laws and regulations that are fair and just for all parties involved. Using a reputable agency or attorney with experience in surrogacy is essential, as they can provide guidance and support throughout the process, ensuring that everyone's rights and best interests are protected.