SURROGACY essay
Infertilityincreasinglybecomesnotonlya commonterm,but also a realproblemformanycouples (According to statistic 15-20% of couples in the world suffer from infertility (Grynberg 2011). It leads to divorces and severe psychological problems. Full and strong family and the possibility to pass their experience to the next generations become almost an impossible dream for such couples. Infertile couples often face with the problem of a limited choice that society proposes to them – to adopt some child or to foster no one at all. Having gonethrougha long failtreatmentandmanymedicalinstitutions,having triedallthe traditionalandnon-traditional methods,without any effect,infertilecouplefeelsmistrust toother people andloseshopeto get success. Such couples often apply to surrogacy.
Surrogacy is unique chance for childless partners to give a birth to their own child. With the help of surrogacy a woman can become a mother even if she is not capable to bearing a child (for instance, when she has a rudimentary or removed uterus). In this case the method of in vitro fertilization helps to achieve the development of several embryos from parents’ reproductive cells which are implanted (transferred) to surrogate mother’s uterus that is able to bear and give a birth to child. Actually, the surrogate mother bears a baby that is genetically a child of those people who provided the genetic materials – sex cells.
Surrogacy is an assisted reproductive technology that assume another woman’s unforced agreement to get pregnant with an aim to carry and deliver a child that is not biologically her own and will be fostered by other people – its genetic parents. These people will be legally considered as the parents of this child despite the fact that the surrogate mother born it (Berend, 2011). In spite of the fact that the term “surrogacy” is used very extensively, it’s obvious that the statement determined by a World Health Organization in Geneva in 2001 is the most precise definition: “Gestational carrier: a woman whose pregnancy is the result of another woman’s oocytes fertilization by sperms belonging to a third person. She is carrying the pregnancy with the condition or agreement that one or both of these persons whose gametes were used for fertilization will be the parents of a child born” (Damelio, 2008).
A brief history of surrogacy
Most likely the idea of surrogacy appeared with such a pathology as “female infertility” and the first attempts to solve this problem were far from the real concept of surrogacy: young and healthy slaves were used for carrying heirs and actually they were the genetic mothers for these babies. In the last quarter of the 20th century, on November 10, 1977 when the amount of failed IVF attempts exceeded the number of 600, doctors carried out transferring of the eight-sell embryo that was successfully adopted (Hunter-Henin, 2008). A well-known person Louise Brown, the first “test-tube baby” was born. It happened on July 25, 1978 in the small town Oldham, the UK (Lancashire). Now Louise is about 30 years old, she has her own son of 2 years old that was conceived and born in the traditional way, what eliminates any speculations about reproductive disorders inherent to such people. 8 years later the first case of the complete surrogacy in which a child was carried and born by a woman who was not its biological mother, was registered. This happened in the USA (Nakash, 2007).
Boris Leonov in Moscow and Anatoly Nikitin in Leningrad were the initiators of the first successful works in fertilization of the human eggs in the late 60’s. The first “test-tube baby”, a girl Lena, conceived in the Leonov’s laboratory was born in Moscow in February 1986. Noel Keane, a lawyer from Michigan, was a pioneer in surrogacy. He founded the world’s first agency for surrogacy in the USA in 1976. His first programs were only “traditional”, i.e. he used surrogate mother’s egg that was fertilized by the biological father’s sperm in vivo (in Latin “in glass”). The fist child of the program of gestational or complete surrogacy assuming a surrogate mother to carry biological parents’ embryo was born in Ann Arbor (Michigan) in the U.S. in April 1986. A girl was conceived in vitro using sperm and eggs of her biological parents (Bruce-Hickman, 2009).
The world practice of surrogacy
There are many moral, ethical and religious disputes arising over the issue because of which the national legislation of the developed countries restricts surrogacy. In some countries it’s prohibited completely, in others it’s partially restricted. Surrogacy is prohibited by law in Austria, Germany (doctors and facilitators are penalized, rather than parents and surrogate mother), Norway, Sweden, and in some U.S. states (Arizona, Michigan, New Jersey) and France. For instance, the French believe that surrogacy “contradicts to the law of adoption and violates the term of inalienability of the human body” and that’s why surrogacy is completely prohibited in France (Drabiak, 2007). In Germany a doctor that has transplanted the fertilized egg must incur the criminal penalties and potential parents and surrogate mother get only warning from authorities. It’s not regulated legally but takes place in Belgium, Greece, Ireland and Finland. In other states only commercial surrogacy agreements are prohibited and review of lawsuits under such agreements are not allowed. These countries include Canada, Israel, Greece, the Netherlands, Norway, Switzerland and Spain (Parks, 2010). For instance, in Canada it’s officially recognized that surrogacy is not harmful for children and is “the only one way to affirm the value of the family life” for childless couples. But at the same time the commercial agreement between the future parents and surrogate mother is prohibited and the Courts do not accept for review the claims on this issue. In Israel, surrogacy agreement must be approved by a special committee consisting of social workers, doctors and religious leaders. According to English law surrogacy is allowed in this country but they think parents’ desire is not enough for transferring the parental rights and it requires the special Court decision. Moreover, the agreement on the transferring of the parental rights may be made only in six weeks after child’s birth, otherwise it will be invalid. In the USA, surrogacy is fully allowed in the most states but it has already caused national scandals (De Wert, 2011).
It’s common knowledge that religious leaders have a negative attitude to surrogacy. The science and religion have never got along and especially in this issue. In spite of the fact that surrogacy is the only one chance to have their own child for women whose uterus is removed, or for those who is not allowed carrying a child for health reasons, all Christian canons condemned surrogacy. The Orthodox Church considers it as unnatural and immoral, because “this method involves the destruction of the deep emotional and spiritual closeness, set between mother and child during the pregnancy”, says the Social Concept (Robertson 2011). Catholics consider it ethically unacceptable for the same reasons. But Muslims, involving male polygamy, on contrary, approve surrogacy.
Politicians and representatives of religion are not alone in their constant arguing about surrogacy. There are cases when the surrogate mother refuses to deliver a carried child to individuals whose genetic materials were used in the process of conceiving. It depends on the legislative system of a country whether this child will stay with its surrogate mother. In Europe in the late 1980’s – early 1990’s several sensational cases were reviewed. In one case, the Court upheld the children’s surrogate mother because she refused from the monetary compensation. In other cases, the Court still ruled in favor of the genetic parents. The questions regarding the possibility to use surrogacy for social reason as well as for persons living together and the same-sex partners remain unregulated by law in most countries.
At the end of the 20th century Europe faced with a new phenomenon: the legalization of the same-sex marriages and unions. Attention is drawn to the fact that some states have recognized the legal consequences of such marriages: they allowed gay couples to adopt children. After that the same-sex couples have been required to provide them the right to participate in surrogacy, and the number of homosexual couples who want to “give birth” of the child through a surrogate mother, is constantly growing. In some countries (the Netherlands, Belgium, Greece) female same-sex couples have the possibility to resort to artificial fertilization (Humbyrd, 2009).
An interesting question related to the implementation of the surrogacy program by individuals who are not officially married. As a rule, they cannot claim for the respective rights of spouses. However, it seems appropriate to allow such couples to implement the surrogacy program, which should be based primarily on the genetic relationships of the child with its parents. It should be noted that the ethical and legal issues of the institute of surrogacy are highly debatable. Its opponents have focused on the immoral, from their point of view, aspects.
Psychological and ethical issues of surrogacy
The woman, who decided to carry someone else’s child, during pregnancy can cause maternal feelings toward it. When it is due to give child to genetic parents, it would be a difficult psychological problem for her. But there are cases when women are involved in surrogacy programs repeatedly. Many of them are interested to be bound a surrogate mother because of compensation. It is clear that not only surrogate mothers, but also biological parents overcome many psychological challenges. The process of conceiving and subsequent child carrying affects the normal rhythm of life, requires considerable material expenditures.
There are a lot of disputes about surrogacy. Surrogacy opponents believe that it turns children into some product and it creates a situation in which rich people can hire women for carrying their children. They also argue that motherhood becomes a contract work and the desire for profits can prevail over concerns of good for both parties (Satz, 2010).
Of course, proponents of surrogate mother’s use look at this practice quite differently. They denote that this method is the only one way for childless family that cannot have children because of the woman’s disability to get pregnant and to carry it, to get their child that will be genetically their own. They also note that such a procedure, allowing getting a desired child, in essence does not differ from adoption so much. Probably, in spite of the presence of conflicting opinions on surrogacy, this method will be actively developed further. The main reason is that, despite the high cost and complexity of ethical and legal perspective, it remains popular. For many infertile couples the birth of their genetic child, even carried by another woman is more desirable than the adoption of a completely alien baby. And though the last method of family planning is more humane and the only one acceptable from the standpoint of the church, it’s hardly possible to condemn unambiguously the spouses who have decided to hire a surrogate mother. As for the surrogate mothers themselves, there are a number of reasons for pushing them to such a solution to be done. But they stand the biggest psychological stress and they get a lot of money not only for their health and strength spent on someone else’s child, but also for the moral trauma that will stay with them for life (Ghosh, 2009).
It’s possible to say with confidence that the “surrogacy program” solves the most important social problems and helps people who seem lost the hope to have their own children. Children who are born through surrogacy have been loved and expected. There is no doubt that these people are committing a feat, and they are worthy of admiration.
Summarizing it is worth recalling that the problem of infertility existed at all times and among all peoples. Misunderstanding of others, a false sense of self-inferiority, depression, impossible dreams of their own child – all these problems were familiar to many, many women and even some men. The main way to solve the problem was, for a wonder, surrogacy.
Surrogacy has established itself as a reliable way for infertile family to have a baby. However, apart from moral disagreement on this issue, there are gaps in the legislation sometimes making the surrogate mothers the target of blackmail and crime. In some countries, according to the law, it’s possible to record the biological parents as the child’s parents only with the consent of a surrogate mother, what allows a loophole for extortion from her part, for example, an apartment or amounts exceeding specified before. Also there is a necessity in a law protecting the legitimate parents of the abuse by a surrogate mother when she tries taking already registered child by force, when she has already got her fee, explaining that she “changed her mind.” In this case, the parents risk being left without a baby and no money – the Court might leave the child with a woman who gave a birth to it. There’s also the opposite situation when a child was born with a disease and its biological parents do not want to pick him up and refuse to pay, too, and surrogate mother risks to stay with someone else’s sick child and no money. So, as you can see, the issue of surrogacy remains controversial and has not yet seen the end of this debate.
