Ethics of Surrogacy

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Toronto Metropolitan University *

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Philosophy

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Apr 3, 2024

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Ethics of Surrogacy Alivia Lombardi, Sophia Otterstedt, Ornella Shaikovsky Toronto Metropolitan University PHL 509 011 Christine Houston October 30, 2023

Appendix Introduction and Claim 2 (Ethics of finance) …..Sophia Otterstedt Claim 1 (Duties of Surrogacy) and Counterargument…..Alivia Lombradi Claim 3 (Rights of the Child) and Conclusion…..Ornella Shaikovsky

Surrogacy can be a beneficial process for couples unable to conceive for many different reasons. The most common methods of surrogacy are gestational and traditional. Traditionally, a surrogate’s egg is fertilized through intrauterine insemination or in vitro from a commissioning parent.[Reilly, D. R. (2007, February 13)] However, the gestational technique became more popular with increasing medical advances. Here, the intended parents create an embryo by donating their or another’s egg or sperm.[Reilly, D. R. (2007, February 13)] In either method, the commissioning parents will hold some genetic link to their future offspring. Even the language itself implies a disregard for the surrogate. Surrogacy, by definition, implies a replacement, a substitute, or even a proxy. Surrogates are essentially considered the backup parent. Even though the surrogate is expected to conceive and carry the fetus to term, surrendering their body to create life on behalf of another couple. To further their disregard, they are considered the replacement parent until the delivery. The commissioning parents will now be considered the social, legal, and, most importantly, the “real” parent. This is why we feel it is essential to include a feminist perspective. Feminism includes a stronger focus on fairness, equity, and justice, especially concerning vulnerable groups who can become involved in surrogacy. Therefore, using feminist philosophy, we should emphasize more substantial moral duties and responsibilities of the surrogates, commissioning couples, and the future offspring. Duties of surrogacy refer to the ethical, legal, and social responsibilities or obligations that various parties involved in surrogacy arrangements have toward one another. These duties help ensure that the surrogacy process is conducted ethically and that the rights and well-being of all parties are protected. All parties should provide their informed consent, fully understanding the surrogacy process, the legal implications, and the potential emotional and physical risks involved. Well, being a surrogate, they have a duty to adhere to medical guidelines, attend

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prenatal appointments, and follow the healthcare plan to ensure the health and well-being of the unborn child. Surrogates and intended parents should disclose relevant medical information and personal histories to ensure the best possible outcomes. “The Canadian Charter of Rights and Freedoms provides all women (pregnant or not) with the right to integrity of both body and mind and the right to the autonomy to make personal decisions.”(Reilly, D. R. [2007, February 13]) All parties have a duty to treat each other with respect, honest communication, dignity, and empathy. This includes recognizing and respecting the surrogate's bodily autonomy, and the intended parents' emotional investment. This can be a sensitive and emotional journey for all involved. The intended parents have the duty to accept and assume parental responsibility for the child upon birth, as agreed upon in the surrogacy contract. A feminist perspective may emphasize the importance of individual choice and agency. Women who become surrogates make autonomous decisions about their bodies and reproductive capacities. Proponents assert that women who choose to become surrogates should be respected for their agency in making decisions about their own bodies. They argue that it is essential to avoid paternalistic attitudes that may assume that surrogates are being exploited or coerced. In a commercial surrogacy arrangement, the surrogate is compensated for her services, which can provide women with economic opportunities, allowing them to support their families and gain financial independence. In this view, surrogacy can be seen as a form of labor, and surrogates are entitled to fair compensation. Even though commercial surrogacy is illegal in Canda, it is important to consider the price of commercial and altruistic surrogacy.[Reilly, D. R. (2007, February 13)] Pregnancy can be a very physically demanding process on the body and a gestational surrogate may bond with the fetus. Surrogacy is such an invaluable service, we must ask ourselves how can we determine

a market value for it. Allowing surrogacy to fall victim to capitalistic pitfalls can allow for the mistreatment of surrogates, commercial or altruistic. If we let money and status determine who and who isn’t allowed to have children or ask what are the limits of parenthood, then I worry about the future that will come of it. In Bioethics in Canada, Third Edition , there are a few scenarios where we must ask ourselves where we draw the line. Melissa is a traditional surrogate for Sarah and David. Both commissioning parents entered a contract with Melissa. They are able to conceive on their own, however Sarah is unwilling to take time off of work for egg donation or to carry the baby. David wants a genetic link to the baby, so surrogacy was the best compromise. They have well-paying jobs so they can afford to raise a child by hiring a nanny for full-time care. Only offering their free time to spend with their future child. Melissa has grown attached, wanting to keep the baby. In this scenario, I believe a feminist philosopher would side with Melissa. When looking into this case we must consider the power imbalance between Melissa and the couple financially, and the overall well-being of the child in the long term. Offering up the rest of your free time to spend time with the baby you paid for, while outsourcing every other aspect of parenthood to people who are financially dependent on you does not sound like meaningful parenthood. This isn’t to say that someone must “earn” the right to be a parent, rather that one should at least do some of the work expected of a parent. With the bare minimum being to share quality time and raise your child to become an adult you’d be proud to send out into the world. However, should we be expected to remove the child from Melissa because a contract is a contract? Even though Melissa is not well off like the commissioning parents, she has two children of her own and would be able to live comfortably with the addition of this child. Building a household where there would be more interaction and create a better bond between parent and child. However, the genetic link between the fetus and

David is still important to consider. Technically the baby would be just as much David’s as it is Melissa’s. Feminist philosophy would certainly acknowledge David’s link to the child, however would also consider the motivations behind his parenthood. He often travels for work and was insistent to have a child with some genetic link to him. A feminist philosopher would consider the long term ramifications of placing a child with either family. Melissa who is already a mother and willing and able to support another child would be able to support the child. This and many other cases are why we must consider the price of surrogacy either financially or emotionally on the surrogate. It is also essential to consider the burden that this would place on the child as well. The intersection of feminism and surrogacy, especially when it comes to children's rights, is a complex and controversial topic. When considering the rights of the child in surrogacy, it's important to ensure that the child's best interests are safeguarded. Many feminists emphasize the importance of establishing clear legal frameworks to protect the child's rights, such as the right to know their genetic origins and the right to a stable, loving home environment. Also a feminist perspective on the rights of the child in surrogacy challenges the dominant view that the child is merely a product of a contractual agreement between the intentional parent and the surrogate mother. The perspective argues that the child should have inherent rights and interest that need to be respected and protected, irrespective of the intended parents or surrogate's genetic relationship. Feminists contend that children are human beings with dignity and agency, not goods to be bought and sold or presents to be given and received. The child should have the right to know their biological origins. Some feminists believe that children born through surrogacy should have the right to access information about their genetics and gestational parents in order to develop a sense of identity. This viewpoint questions traditional norms regarding parenthood

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and family in surrogacy, asserting that genetic ties should not be the exclusive basis for parental rights (Saravanan, 2018; Zanatta & Zanatta, 2019). Additionally, it raises concerns about surrogacy's effects on a child's identity, well-being, and development, accentuating the significance of addressing their emotional and psychological needs (Baylis & McLeod, 2016; Zanatta & Zanatta, 2019). In sum, this perspective advocates for a more child-centered approach to surrogacy, respecting the child's rights and interests autonomously (Baylis & McLeod, 2016; Saravanan, 2018). In healthcare, it challenges the commercialization of reproduction and promotes a comprehensive, ethical approach to reproductive healthcare, with a primary focus on the welfare and dignity of all involved parties, particularly the child, in surrogacy (Glosswitch, 2015; Saravanan, 2018). Commercial surrogacy can commodify women's bodies, reducing them to a means of production. In such arrangements, women may be viewed primarily as baby carriers, and their reproductive capacity can be exploited for financial gain. Furthermore, there are concerns that surrogates, particularly those in economically disadvantaged situations/status, may be coerced into surrogacy due to financial pressures or lack of other employment opportunities. The power dynamics in commercial surrogacy arrangements can sometimes be unequal. Intended parents may have more economic resources, which can lead to a power imbalance and a potential for exploitation. This inequality can limit a surrogate's ability to negotiate terms and make autonomous decisions. Commercial surrogacy can also be very expensive, involving substantial fees for the surrogate mother, legal fees, medical expenses, and agency fees. These costs can be a significant burden on the intended parents, and there is no guarantee of success in the first attempt, which can be emotionally draining. They may face multiple failed attempts, miscarriages, or other unexpected complications, leading to emotional distress and uncertainty,

as well as the Intended parents may have little control. In commercial surrogacy (where the surrogate's own egg is used), the child may share a genetic link with the surrogate. This can lead to potential genetic and hereditary health risks for the baby that might not be present in gestational surrogacy (where the surrogate carries a child with no genetic relation). In both cases, there may be concerns about genetic health problems being passed on to the baby. The intended parents may feel vulnerable, relying on the surrogate to make healthy lifestyle choices and follow the agreed-upon medical plan. Deciding on the nature of the relationship with the surrogate after the child's birth can be complex. Additionally, finding a balance that respects everyone's boundaries and desires can be difficult. The feminist viewpoint on surrogacy is a useful tool for healthcare ethics as well as a theoretical lens. It draws attention to the morally complicated and difficult hidden aspects of surrogacy and urges us to reconsider the beliefs and presumptions that guide our decisions about healthcare. It highlights the human tales that underlie medical treatments as well as the societal ramifications that go beyond personal preferences. It promotes a compassionate and all- encompassing approach to healthcare ethics that upholds the autonomy and dignity of each surrogate mother and father. We may comprehend the ethical concerns surrounding reproductive technologies, including exploitation, commercialization, power disparities, and emotional experiences, better by applying this viewpoint to surrogacy. We may also acknowledge the multiplicity and diversity of viewpoints about surrogacy, as well as the necessity of discussion and consideration among many parties, including intended parents, surrogates, medical experts, legislators, and the general public. We may also recognise that healthcare ethics are dynamic and ever-changing, and that it is critical to stay up to date with the quick advances in the field of reproductive medicine.

In summary, the feminist viewpoint on surrogacy deepens and broadens our understanding of healthcare ethics. It provides us with a useful moral compass to help us navigate the murky and complicated world of reproductive technologies and surrogacy. It motivates us to work towards a future in healthcare ethics that is more compassionate and just.

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References Baylis, F., & McLeod, C. (2016). Gestational surrogacy and the feminist perspective. In E. Scott Sills (Ed.), Handbook of gestational surrogacy: International clinical practice and policy issues (pp. 41-51). Cambridge University Press. Collier, C., & Haliburton, R. (2021). Case Scenarios: Reproduction. In Bioethics in Canada: A philosophical introduction. essay, Toronto: Canadian Scholars’ Press Inc. Markens, S. (2007). Surrogate motherhood and the politics of reproduction. University of California Press. Saravanan, S. (2018). A feminist discourse on surrogacy: Reproductive rights and justice approach. In A transnational feminist view of surrogacy biomarkets in India (pp. 63-90). Springer, Singapore. Tremblay, S. (n.d.). Surrogacy: What it is, how it works and how much it costs. Surrogacy: What It Is, How It Works And How Much It Costs | Sun Life. https://www.sunlife.ca/en/tools- and-resources/health-and-wellness/fitness-and-family-health/surrogacy--what-it-is--how- it-works-and-how-much-it-costs/ Zanatta, A., & Zanatta, L. (2019). Feminism and gestational surrogacy. Theoretical reconsiderations in the name of the child and the woman. Journal of Gender Studies, 28(7), 755-767.

Ethics of Surrogacy

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