This article has been written by Ms. Arshika Baghla, 1st year law student at Lloyd Law College, Greater Noida.
Abstract:
Surrogacy presents a multifaceted landscape of ethical considerations intertwining the realms of autonomy, exploitation, commodification, and the rights of all involved parties. This paper delves into the intricate ethical dimensions surrounding surrogacy, exploring the tensions between individual autonomy and potential exploitation, the ethical implications of commodifying reproductive processes, and the rights and well-being of the surrogate, intended parents, and the resultant child. Moreover, it investigates the intersection of surrogacy with social justice, cultural and religious perspectives, and the necessity for robust legal frameworks to navigate this complex terrain. By examining these ethical facets, this paper aims to illuminate the challenges and dilemmas inherent in surrogacy arrangements, seeking to foster informed discussions and guide the development of ethical practices and policies in the realm of assisted reproduction.
Introduction:
In the realm of assisted reproduction, surrogacy stands as both a beacon of hope and a landscape fraught with ethical complexities. The ability to facilitate the creation of families for individuals unable to conceive or carry a child themselves has transformed the possibilities of parenthood. Yet, this innovative method of family-building is entangled in a web of ethical dilemmas that intersect personal autonomy, societal responsibilities, and the rights of the individuals involved.
Surrogacy, as a practice, prompts critical reflection on the boundaries of human reproduction, the commodification of life, and the intricate tapestry of rights and responsibilities woven among surrogates, intended parents, and the children born through these arrangements. It raises profound questions about the autonomy and agency of all parties, the potential for exploitation in contexts of socioeconomic disparity, and the moral implications of commercializing the deeply personal act of bearing a child.
This article endeavors to navigate the ethical dimensions surrounding surrogacy, delving into the intricate tapestry of moral, legal, and social considerations that underpin this practice. It seeks to unravel the tensions between individual autonomy and societal responsibilities, while examining the ethical implications that arise when reproductive processes intersect with economic transactions. Furthermore, it aims to explore the complex network of rights and protections needed to safeguard the interests of surrogates, intended parents, and children within this evolving landscape of assisted reproduction.
Through a comprehensive examination of these ethical quandaries, this article endeavors not only to shed light on the intricate ethical web surrounding surrogacy but also to contribute to the ongoing discourse guiding the development of more informed and ethically sound practices and policies in the realm of assisted reproductive technologies.
Understanding Surrogacy:
Surrogacy is a method of assisted reproduction where a woman, known as a surrogate or gestational carrier, carries a pregnancy and gives birth to a child for another individual or couple, known as the intended parents. There are generally two main types:
- Traditional Surrogacy: In this method, the surrogate is inseminated with the sperm of the intended father or a donor. The surrogate carries the pregnancy and is biologically related to the child as her own egg is used for conception.
- Gestational Surrogacy: This method involves the implantation of an embryo created through in vitro fertilization (IVF). The embryo is typically created using the egg and sperm of the intended parents or donors. The surrogate, in this case, carries the pregnancy but is not biologically related to the child.
Surrogacy is sought by individuals or couples who may face challenges with conceiving or carrying a pregnancy to term due to various medical conditions, infertility, or other reasons. It offers an option for those who wish to have a child genetically related to them but are unable to do so without assistance.
Surrogacy arrangements involve legal agreements outlining the rights and responsibilities of all parties involved, addressing issues such as parental rights, compensation for the surrogate, medical care, and other aspects related to the pregnancy and birth of the child. The practice of surrogacy raises complex ethical, legal, and social questions, touching on issues of reproductive rights, autonomy, exploitation, and the well-being of all parties involved, including the surrogate, intended parents, and the child born through the arrangement.
History and Evolution of Surrogacy in India:
Surrogacy in India has undergone a notable evolution over recent decades, transforming from an unregulated commercial market to a landscape characterized by attempts to address ethical concerns and establish regulatory frameworks.
In the late 1990s and early 2000s, India emerged as a popular destination for surrogacy, attracting international intended parents due to its skilled medical professionals, advanced fertility clinics, and relatively lower costs. However, the absence of specific laws governing surrogacy led to a surge in surrogacy tourism, raising concerns about exploitation and ethical dilemmas.
During the mid-2000s to early 2010s, India witnessed a surge in surrogacy services, catering not only to foreign couples but also domestic clients. The country permitted commercial surrogacy, where surrogates received financial compensation for carrying pregnancies for intended parents.
The lack of stringent regulations raised concerns about the exploitation of surrogates and the commercialization of childbirth. To address these issues, the Indian government drafted the Surrogacy (Regulation) Bill in 2016, aiming to regulate the practice. This proposed bill sought to ban commercial surrogacy for foreigners and limit it to altruistic surrogacy for Indian citizens.
Subsequently, in 2018, India banned commercial surrogacy for foreign nationals, significantly impacting the international surrogacy market. The focus shifted towards altruistic surrogacy, where surrogates assisted Indian couples without monetary compensation.
The Surrogacy (Regulation) Bill of 2019 further aimed to regulate surrogacy in India, emphasizing altruistic surrogacy for infertile Indian couples and placing strict regulations to prevent commercial exploitation. This evolving legal framework signaled a shift in India’s surrogacy landscape, emphasizing the protection of surrogates’ rights and the welfare of the child.
Overall, India’s trajectory with surrogacy reflects a transition from an unregulated commercial market to a more regulated landscape, highlighting efforts to address ethical concerns, protect surrogates’ rights, and ensure the well-being of children born through surrogacy.
Ethical Considerations in Surrogacy:
Ethical considerations surrounding surrogacy encompass a spectrum of complex and interconnected issues, including:
Autonomy and Consent: Ensuring that all parties involved—surrogates, intended parents, and donors—are fully informed, consenting, and free from coercion or exploitation throughout the entire surrogacy process.
Exploitation: Preventing the exploitation of surrogate mothers, especially those from economically disadvantaged backgrounds, by ensuring fair compensation, comprehensive healthcare, and protection of their physical and emotional well-being.
Commodification: Addressing concerns about the commodification of reproduction, where surrogacy might reduce the act of bearing children to a commercial transaction, potentially devaluing the significance of pregnancy and childbirth.
Rights of the Child: Safeguarding the rights and well-being of the child born through surrogacy, ensuring they are not treated as commodities and that their best interests are prioritized in legal, social, and emotional aspects.
Regulation and Legal Frameworks: Establishing clear, comprehensive, and ethical regulations that protect the interests of all involved parties—surrogates, intended parents, and the child—while addressing issues of parental rights, compensation, and access to surrogacy services.
Cultural and Social Contexts: Recognizing the diversity of cultural, religious, and societal perspectives on reproduction and family, and considering these contexts in shaping surrogacy laws, practices, and ethical guidelines.
Social Justice: Addressing disparities in access to surrogacy services, ensuring that surrogacy arrangements do not exacerbate social inequalities or exploit vulnerable populations.
Informed Decision-Making: Promoting informed decision-making among all involved parties by providing comprehensive information about the physical, emotional, and legal aspects of surrogacy.
Navigating these ethical considerations involves a delicate balance between facilitating reproductive options for individuals or couples facing infertility while ensuring the protection, autonomy, and well-being of all parties involved in surrogacy arrangements. Ethical guidelines and legal frameworks aim to mitigate potential risks and conflicts, striving to create a more ethically responsible landscape for surrogacy.
Conclusion:
In navigating the intricate ethical terrain of surrogacy, it becomes evident that this realm of assisted reproduction exists at the intersection of deeply personal desires, societal responsibilities, and complex legal frameworks. The multifaceted considerations surrounding surrogacy—from autonomy and consent to the rights of all involved parties—underscore the need for conscientious navigation within this landscape.
While surrogacy offers a path to parenthood for those facing challenges conceiving, the ethical dimensions demand a delicate balance. Striking this balance necessitates robust regulatory frameworks that safeguard the autonomy and well-being of surrogates while ensuring the rights and best interests of the child and intended parents.
The evolution of surrogacy, illustrated through the journey in countries like India, mirrors the global quest to find ethical footing in assisted reproductive technologies. The shifts from unregulated commercial practices toward regulated altruistic arrangements underscore the ongoing efforts to align surrogacy practices with ethical principles.
The ethical considerations in surrogacy call for continuous dialogue, interdisciplinary collaboration, and a nuanced understanding of cultural, social, and individual perspectives. By navigating these complexities with sensitivity and foresight, we can strive to shape surrogacy practices that honor autonomy, protect rights, and uphold the dignity and well-being of all involved—a vision of surrogacy rooted in ethical responsibility and respect.
References:
- https://indiafoundation.in/articles-and-commentaries/socio-ethics-of-surrogacy-in-india-and-reproductive-justice/#:~:text=The Surrogacy (Regulation) Bill 2016,especially within families in India
- https://www.remedypublications.com/open-access/surrogacy-in-india-current-scenario-and-ethical-perspective-5155.pdf
- https://www.researchgate.net/publication/346714993_Surrogacy_in_India_Ethical_and_Legal_Aspect
- https://blog.ipleaders.in/surrogacy-a-battle-of-law-and-ethics/