🚼I N T R O D U C T I O N
🚼I N T R O D U C T I O N
Family is the basic unit of the society that affects the community as a whole. There are many types of families but we will focus more on a nuclear family consists of a mother, father, and their offspring or children. Can you call it a family if the parent to be is not physically fit to conceive a baby? Are there solutions to fulfil their dream?
Infertility among married couples is a big issue that affects both their marital and social lives. Infertile couples have benefited from assisted reproductive technology. They had just two choices: adopt a kid or stay childless. Infertile couples today have the option of choosing from a variety of choices, including artificial insemination, in-vitro fertilization, and surrogacy, thanks to the advancement of modern reproductive technology. As a result, human procreation may be achieved via a range of reproductive technologies that do not require coitus. Surrogacy is perhaps the most advanced of these new technologies.
Surrogacy is the agreement in which a surrogate mother carries someone else’s child under some terms and conditions. This process involves uniting the egg and sperm in a culture dish, where the egg is fertilized and the resultant embryo is implanted in the woman's uterus. Surrogacy is a scientific expansion of the body's natural ability to reproduce. The surrogate mother is responsible in taking care of not only the child she is carrying, but also her health because she will be the source of life for the child. On the other hand, the biological parents must pay legal costs and compensations to the surrogate mother.
Surrogacy is an essential technique of assisted human reproduction for persons who are unable or unwilling to produce in the traditional way. Here are some reasons why some people choose surrogacy:
Health issues prevent a woman from getting pregnant or carrying a pregnancy to term.
Infertility issues prevent couples from either getting or staying pregnant, like recurrent miscarriages.
Same-sex couples wish to have children. This may be two men, but women also find this option attractive because the egg and resulting embryo from one partner can be transferred and carried by the other partner.
Single people want to have biological children.
Couples who are unfortunate to have a child tend to adopt but it affects the whole family considering that they are not biologically involved. Research indicates that individuals will move around restrictive laws to acquire a baby through the surrogacy process, which adds to the confusion of this poorly understood and regulated process (Bromham, 1995). Surrogacy is one of the options to consider on having a baby by women who are incapable and has past experience problems in her past pregnancies. Surrogacy is the practice whereby one woman (the surrogate mother) carries a child for another person(s) (the commissioning couple) as the result of an agreement prior to conception that the child should be handed over to that person after birth.
The American Society for Reproductive Medicine (2006), American College of Obstetricians and Gynecologists (2008) and Council for Responsible Genetics (Council for Reproductive Genetics & Gugucheva, 2010), have published definitions for many of the terms associated with the process of reproductive surrogacy, and here are the following.
A woman who contributes her egg to reproduce the resulting child.
A man who contributes his sperm to reproduce the resulting child.
The woman who gestates (carrying the fetus) until it is born.
Traditional Surrogate Mother
The woman who donates her DNA (egg/ova) and gestates (carrying the fetus) the pregnancy for someone else.
This surrogacy arrangement occurs when a woman undergoes in vitro fertilization to carry a fetus that has no genetic or biologic link to her; in essence, she provides “a womb to rent.” She relinquishes all parental rights as the gestational mother upon birth of the child. The fetus/child could be genetically linked to one, both or neither intended parents if donor DNA was utilized.
Traditional Surrogacy
Traditional surrogacy is an agreement by a woman to donate her egg, along with sperm of the intended father, or possible sperm donation. Most often this can be accomplished through artificial insemination, thereby avoiding the greater costs of in vitro fertilization. This woman is considered the biologic, genetic and gestational mother and will carry the pregnancy till delivery, whereby she relinquishes all parental rights of the child to the intended parents.
Intended parent/commissioning parent
The individuals who intend to become the legal parents of the child born of a surrogacy arrangement. They may or may not contribute DNA and be biologically linked to the expectant child.
The woman who carries the child is the surrogate mother, or ‘surrogate’. She may be the genetic mother (‘partial’ surrogacy) – i.e. using her own egg – or she may have a fertilized embryo – which may be provided by the commissioning couple – implanted in her womb using in-vitro fertilization (IVF) techniques (‘host’ or ‘full’ surrogacy), (Brazier Report 1998). On the other hand surrogacy is quite expensive from process up to the compensation of the surrogate mother.
Some suggest that this type of regulation leaves many individuals and couples without options with regard to their intention to become parents and to build a family, causing them to look elsewhere. Situations such as this may create the foundation for women to offer and provide surrogacy for those intended parents seeking a surrogate outside their home state or their own country borders (Ali & Kelley, 2008; Nosheen & Schellmann, 2010). It is hard to think that the relationship you’ve built and dreams you planned together with your partner will just put on the trash when the posterity put to risk or worst it will come to an end.
However, according to the Center of Bioethics and Culture, many issues were raised by surrogacy and here are some few issues about it:
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.
Ethical and Legal Issues of Surrogacy
According to the Center of Bioethics and Culture in Surrogacy, the rights of the child are almost never considered. Transferring the duties of parenthood from the birthing mother to a contracting couple denies the child any claim to its “gestational carrier”, and to its biological parents if the egg and/or sperm is/are not that of the contracting parents. In addition, the child has no right to information about any siblings he or she may have in the latter instance. Moreover, according to them surrogacy is another form of the commodification of women’s bodies. Surrogate services are advertised, surrogates are recruited, and operating agencies make large profits. The commercialism of surrogacy raises fears of a black market and baby selling, of breeding farms, turning impoverished women into baby producers and the possibility of selective breeding at a price. Surrogacy degrades a pregnancy to a service and a baby to a product.
Among the many applications of the new reproductive technologies (including artificial insemination by donor—AID, in vitro fertilization—IVF, embryo transfer, and embryo freezing) surrogate motherhood has such far-reaching consequences that it raises a multitude of ethical and legal questions. It has been hotly debated in courts and legislatures, and has merited consideration by Commissions, Inquiries, Working Parties and professional societies in countries such as Australia, Great Britain, France, Canada, and others, as well as in the United States. What distinguishes surrogacy from other reproductive technologies is not the technology itself but the circumstances of its application—an arrangement whereby one woman bears a child for another, with the intent of relinquishing the infant at birth. The surrogate arrangement is most often made between a couple (where the wife is infertile) and a “surrogate”; in the contract signed by both parties, the surrogate agrees to be artificially inseminated with the husband’s sperm, to bear a child, and at birth to give up all parental rights and transfer physical custody of the child to the “commissioning couple.”
Although contracts vary, they always include provisions concerning the rights and responsibilities of all parties, both before and during pregnancy and after the birth of the child. The heart of the arrangement is the promise by the surrogate to give up custody of the child and the promise of the other party to accept the child. In the study of Macallum (2003), Surrogacy seems to be a favorable experience for surrogate motherss in general. Surrogacy is commonly chosen by women who have established their own families and feel compelled to assist a couple who would not be able to become parents. Also, the current study provides limited support for the widely held belief that surrogate mothers will endure psychological issues following the birth of their child. Instead, surrogate mothers frequently felt a sense of self-worth.
If a mother is physically incapable of bearing her own child she has a choice to whether rent a womb or not to have a child at all. In our own point of view, there are three factors that may affect the decision-making for couples who consider surrogacy as their option: (1) Compensation, (2) pregnancy experience, and (3) success rate. Surrogacy is expensive, including the process and compensation for the surrogate mother. Surrogates did not spend money on themselves alone, but usually on their other children, home improvement, etc., and surrogacy is viewed as a part-time job that would allow women to stay home with their children, Ragoṅe (1996). Surrogate mothers choose this kind of job not because they are fit to carry a child but rather it pays a good amount of compensation. One popular assumption is that a surrogate mother has a good reason to undertake surrogacy, such as financial desperation. Those who are not financially desperate are assumed to be acting from altruistic motivations because of a connection to the commissioning parents. These assumptions are also not generally supported by the evidence, such as found by anthropologist Dr. Helena Ragoné. A mother who gives birth to a child considers it a blessing or o gift but a surrogate mother snatches it away from the biological mothers.
It is hard to accept that someone else will be carrying your child but that is the way on how you can have a baby of your own. And lastly, the success rate of surrogacy is high but there is still a chance of failure that causes fear to some. Surrogacy is beneficial to the parties involved in the agreement. The surrogate mother who is responsible for nurturing the child in her womb is compensated in accord with their agreement. The biological parents in return benefit by having their child through the help of the surrogate mother.
For more information and deeper understanding, watch the videos below.
Ali, L., & Kelley, R. (2008, April 7). The curious lives of surrogates. Newsweek, 151(14), 45–51.
American College of Obstetricians and Gynecologists. (2008, February). Surrogate motherhood, committee opinion #397. Washington, DC: Author. Retrieved from http://www.acog.org/ Resources_And_Publications/Committee_Opinions/Committee_on_Ethics/ Surrogate_Motherhood
American Society for Reproductive Medicine. (2006). Th ird party reproduction (sperm, egg and embryo donation and surrogacy). A guide for patients. Retrieved from http://www.asrm. org/uploadedFiles/ASRM_Content/ Resources/Patient_Resources/Fact_ Sheets_and_Info_Booklets/thirdparty. Pdf
Bayonas, A. et al. (2019, November 7). What Is Surrogacy & How Does It Work? - Everything You Should Know. Babygest. https://babygest.com/en/surrogacy/.
Bromham, D. R. (1995). Surrogacy—ethical, legal and social aspects [Abstract]. Journal of Assisted Reproduction and Genetics, 12(8), 509–516
Council for Reproductive Genetics, & Gugucheva, M. (2010). Surrogacy in America. Cambridge, MA: Council for Reproductive Genetics.
Embryo Transfer Ivf GIFs . (n.d.). Giphy. photograph. https://giphy.com/gifs/ge-microscope-j9GjWFFRO7qH7e5XVZ.
Hansen, M. (2011, March 1). As Surrogacy Becomes More Popular, Legal Problems Proliferate. ABA Journal. https://www.abajournal.com/magazine/article/as_surrogacy_becomes_more_popular_legal_problems_proliferate.
H.Ragoṅe, Chasing the Blood Tie: Surrogate Mothers, Adoptive Mothers and Fathers, in American Ethnologist, Vol. 23(2), p. 352-365, 1996.
Maccallum, F. (2003, November). Surrogacy: The experiences of surrogate mothers - ResearchGate. Researchgate. https://www.researchgate.net/publication/5848109_Surrogacy_The_experiences_of_surrogate_mothers.
Marcin, A. (2019, October 29). What Is a Surrogate Mother? Process, Types, Cost, More. Healthline.
Margaret Brazier, Susan Golombok, and Alastair Campbell, “Surrogacy: review for the UK Health Ministers of current arrangements for payments and regulation,” Human Reproduction Update 1997 3.6 (1997): 5.13 p624.
Nosheen, H., & Schellmann, H. (2010, November). The most wanted surrogates in the world. Glamour, 226–236.
Pillai, A. V. (2020, April). SURROGACY: LEGAL, ETHICAL, AND MORAL ISSUES. Researchgate.net. https://www.researchgate.net/publication/340755343.
Sehgal, S. (2020, February 28). Surrogacy Bill 2020 Allows Any Willing Woman To Be A Surrogate And To All Women, Irrespective Of Their Status. We Love This. Hauterfly. https://hauterrfly.com/lifestyle/surrogacy-bill-2020-allows-any-willing-woman-to-be-a-surrogate-and-to-all-women-irrespective-of-their-status-we-love-this/.
Surrogacy Pros And Cons. (2021). YouTube. https://youtu.be/2Rue2wjqD0g.
Weisberg, J. (2019, December 11). Can Surrogacy Remake the World? The New Yorker. https://www.newyorker.com/books/under-review/can-surrogacy-remake-the-world.
What Is Surrogacy And How Does It Work? (2021). YouTube. https://youtu.be/m_pnzb38YtY.