Surrogacy
The rising prevalence of infertility in the modern society has driven up the demand for assisted reproduction techniques (ART). Surrogacy is literally an arrangement between a woman and another couple for carrying and delivering the baby that biologically does not have any link to the surrogate mother (Saxena, Mishra & Malik, 2012). As a social and economic occurrence surrogacy has received a lot of attention in the past decades due to growing interest across the globe in surrogate services. One of the most complex and unfinished discussions in relation to this occurrence is the ethical side of the issue and its regulatory background on global level. By saying that, I first of all would like to think about the issues associated with this business from the perspective of individual and social values. Secondly, the objective here is to analyze current problems that families and individuals encounter in their endeavor to have a child through surrogate mother. I do realize already on this stage that a number of people are blinded by the opportunity to have their biological child even being physically limited to carry out the pregnancy within the family. Some of these people, as shows experience of decade long practice already faced with unfortunate reality of the “price that you have to pay” for trying. The main argument of this essay is trying to make is that surrogacy is a free choice of each individual involved and, thus, can bring numerous benefits to the society. As any other sensitive economically and socially speaking issue it should come along with a robust regulatory base to support and protect those, who become a part of this arrangement.
As of today, surrogacy is illegal in many countries, while global economic arena identified two leaders in surrogacy market, United States and India. The drivers for surrogacy growth in each of them are different. The US provides easy access without strong regulatory limitation to a number of surrogate mothers and well organized agency network. India as a surrogate donor emerged more recently, bringing forward the issue of cheaper option, competing with the US market. The time already revealed the black holes in the US system to handle surrogate activities. One of the latest documentaries of PBS “Surrogacy: Wombs for Rent” tells a story of Selina Ramirez, typical surrogate profile woman with a common sad story of a victim of false surrogate arrangement. The documentary reveals two core issues that this essay would like to enact: lack, or absence to be more accurate, of regulatory base to protect couples and surrogate women and the nature of the relations in surrogate arrangement. The reality is that in the majority of cases it is rich couple that looks for surrogate option and financially unstable women, looking for means to earn money for the family. The volatility of the situation of Selina that along with closure of the cheating scheme of surrogate company SurroGenesis lost her health insurance and had to pay the debts is a typical situation that many women face with in the US. The problem is that to address the issue, these people can only go through personal attorneys as there is no governmental structure to prevent and punish crimes in this area (PBS, 2009).
What is moral and what is ethical? It is interesting to observe the debates that invade television and radio on the topic of surrogacy. Intellectuals and society are divided between the solutions that surrogate provides for desperate families and ethical and religious issues of surrogacy. The debate goes further towards the legal rights that surrogate mother and biological parents have towards the child, as the law does not determine this aspect. Recent events in India reflect the complexity of the situation due to absence of the above mentioned regulations. According to ICMR, in spite of the fact that the government of India issues a number of regulatory documents and guidelines on surrogate relations, these law enforcement measures are constantly broken. Numerous couples share their experience of fighting for their biological child in a long-lasting law suits with surrogate mothers (Saxena, Mishra & Malik, 2012). One could argue that the idea of surrogacy is already a topic for ethical discussion. I am convinced, on the other hand that it is not the surrogacy that is the issue to be put on the panel of debate, but individual abuse of this sudden growing business opportunity. There is no secret in the way surrogacy arrangement works, but there are a lot of shadows on how to protect you from risks and flaws to this arrangement, caused by human factor.
Going further into the nature of the ethical issues on surrogacy and ART in general for this matter, it is interesting to compare and contrast the pillars on which this controversy is built for two countries under discussion. Situation in the United is calling for immediate action due to organized institutional abuse of the surrogate arrangement and lack of regulation from the governmental perspective. India should be seen more from the ethical issues related to the treatment of surrogate mothers. Interview, conducted with Nina Panal, Indian doctor, working closely with a number of women who offer themselves in India as surrogates for “affordable” price, outlines core ethical and moral issues around subject. Local culture totally reject “human treatment” of surrogate mother as if they openly talk about their activity, society will reject them, should they choose to hide their choice, their life and body no longer belong to them. While India claims that these women are treated with due respect and given necessary care and legal assistance, experience of overseas “customers” reveals different reality (Brand, 2010).
Another side of the situation, of course, is the success story that makes it all worth. It would be very wrong to look at the surrogacy with the fully negative perspective of numerous issues that we mentioned above, even though they are shouting and controversial. The story of Alex Kuczinski (2008) is one of many experiences that actually contribute to growing popularity of ART in the world. It is difficult to estimate the relativity of the relationships between traumatic and successful experience, and infertility it is clearly the issue of modern and, probably, future generation.
The thesis that I was making in the beginning of this essay is that surrogacy should have its place in modern society, but as any other ethically-sensitive activity the development of this service should go side by side with law enforcement and social protection measures. The question that we should ask ourselves is whether surrogacy is beneficial for all, like ideal ethical and social occurrence aims to be or is on the embryonic stage of development? Qualitative research conducted by the interviews with couples, using surrogate services as well as intellectuals and professionals working on the topic show that the demand for surrogate mothers is the result of new hope and revolved expectations that want-to-be parents have today, due to the opportunities that advanced medicine created for them and availability explained by economic inequality. It is difficult to argue that solely in favor or against surrogacy due to a range of issues that surround the subject. It is, however, possible to conclude that there is a demand and good will in the development of this economic arrangement. Under robust governmental and international supervision and strong educational base, surrogacy can become “profitable” for all the sides involved and currently shouting ethical issues will reduce to minimum or disappear. It is the responsibility of each of us as individuals as well as social structure to learn how to accommodate and adapt the changing demands of modern family to arising opportunity and ART is one of these challenges.
References
Kuczynski A. (2008) ‘Her Body, My Body’, New York Times. Retrieved 11 January 2014, http://www.nytimes.com/2008/11/30/magazine/30Surrogate-t.html?pagewanted=all&_r=0
Saxena P., Mishra A., and Malik S. (2012). ‘Surrogacy: Ethical and Legal Issues’ Indian Journal Community Med, 37 (4): 211-213.
PBS (2009, September 18). Surrogacy: Wombs for Rent? United States: PBS.
Brand F. (2010, July 15). “Google Baby” Follows Birth Outsourced to India. Washington, DC: National Public Radio.
