The legal, ethical and moral problems associated with surrogacy
A surrogate motherhood entails carrying and delivering a child (premature delivery is also included) under the contract concluded between a substitute mother and commissioning couples. Normally, a proxy is impregnated by implanting the zygote into her uterus. This zygote is formed in a laboratory using commissioning couple gametes or donor gametes. As the rate of infertility is rising every year, surrogacy is becoming more popular. Couples who are not in a financial status to invest much on this process are traveling to different countries where they can expect the same process at less cost. Surrogacy tourism is becoming more popular in Asian countries such as India. However, the increasing popularity of surrogacy has given rise to many legal, political, moral and ethical problems.
In this article, we are focusing on the rights of married infertile couples who made a contract with the surrogate mother to have a biological baby; ensuring the rights of a baby born to a substitute and the different factors included in a contract made with a substitute. The moral and ethical issues associated with the surrogacy are also considered. Doctors observe the problems associated with the surrogate motherhood in a sensible point of view, adhere to the up-to-date ART technologies and always encourage substitutes to move forward. However, the solicitors also don’t observe any particular ethical problems. According to the lawyers, every person has the rights to use their body and mind to commit action in accordance with his consciousness and will.
Commissioning couples seeking surrogacy to have a biological baby should face some legal problem in spite of considering this process as legal. As there is no law governing surrogacy in many states, the commissioning couples often face many obstacles while owning their biological baby. In some cases, when the substitute rejects to hand over the baby, the intended parents often face trouble. According to some state laws, the substitute has the right to keep the baby after delivery, as a result, the infertile married couples who gave their consent for an embryo transfer and made contract with the surrogate to carry their child, will be dishonored. Undoubtedly, at this circumstance either the deceived couples ask reimbursement or their baby. However, women who wish to become surrogate mother often face financial hardship; it will become hard for them dishonor the contract. Such haziness makes it impossible for the proxies to dishonor the laws.
Most of the state laws prefer to show a legal essence in a contract made between commissioning couple and surrogate mother. Some solicitors also argue that ensuring rights of children born to substitutes is also important. In some states, the experienced solicitors are working constantly to establish a strong surrogacy laws in order to give legal rights to the infertile married couples, surrogate mother who bear child upon agreement made with the intended parents and the rights of children born to the surrogate mothers. Once the law becomes strong and controversies related to the social and religious ethics will become normal, both parties can enjoy their journey without any complications and obstacles.