When the surrogates egg is used, she has utilized one egg she will never be able to use for a child of her own. However, when the mother’s own egg is used the surrogate is not being asked to give up something that is non-replinshable (Gentleman, 2008).
The move to outsource surrogacy to poor countries leaves women vulnerable to being exploited through the need to earn money through surrogacy. In addition, these women may go through numerous pregnancy and births and be looked at as little more than a baby factory affecting their dignity (Nilanjana, 2011).
It is not selfish for a couple to want to be genetically linked to their child. This is often based on the desire for similarity. When a couple can “easily” have a child, the concept of the child being genetically linked isn’t an issue that is in debate (Meinke, n.d.)
While surrogates sign an informed consent it is impossible for them to know how they will feel during the pregnancy or the degree to which attachment will occur. When it is her egg, it is difficult to say she cannot revoke her consent.
In cases when the surrogate decides to keep the baby, the legal proceeding usually start when the surrogate is still pregnant. Since there is now precedent for such cases including cases in which the surrogate is not genetically related to the child, it is not likely that the case will continue until the child is of the age they are cognizant of what is occurring (Meinke, n.d.)
Although large scale effort to “produce” babies are questionable, in limited cased which are carefully reviewed surrogacy can result in a win-win situation provided there are stringent controls and review processes. In terms of who should be awarded the child, on the most simplistic level, the baby is the result of the egg of the mother and the sperm of the father, regardless of who carries the child which supports the parents. However, this totally ignores the unpredictability of a woman’s response to pregnancy and the potential trauma or her being required to give up a child. Physically, it is the surrogate’s body that is keeping the baby alive for the nine months through the umbilical cord and the child is born with three sets of DNA showing the surrogate does have a physical tie to the child. Given how complex all these issues are it is impossible for me to develop an opinion as to who should be awarded the child.
References
Gentleman, M. (2008). India Nurtures Business of Surrogate Motherhood. The New York
Times. Retrieved from http://www.nytimes.com/2008/03/10/world/asia/10surrogate.html?pagewanted=all&_r=0
Nilanjana, S. R. (2011). Protecting the Rights of Surrogate Mothers in India. The New York
Times. Retrieved from http://www.nytimes.com/2011/10/05/world/asia/05iht-
letter05.html
Meinke S. A. (N.D.) Surrogate Motherhood: Ethical and Legal Issues. National Reference
Center for Bioethics Literature, SCOPE NOTE, 6, 1-12.
