Surrogacy: Children as commodities?

Lukas and Alexandra want nothing more than to have a child of their own. For years, they have been hoping for a miracle, trying various medical treatments and facing one disappointment after another. But after countless doctor’s appointments, one thing is clear: medical reasons make pregnancy impossible.  

The diagnosis hits them hard. But then Bianca, an acquaintance, offers her help. She would be willing to carry the child for them. For Lukas and Alexandra, this offer feels like a miracle. 

Their situation is not an isolated case. Worldwide, more and more couples are turning to surrogacy: a practice that raises ethical, legal and social conflicts.

Surrogacy refers to an arrangement whereby a woman carries a child to term, who is then handed over after birth to other people who wish to take on the role of parents. Couples often turn to this option when pregnancy is not possible for medical reasons, such as the absence of a womb, or due to serious illnesses and repeated miscarriages. Single people or same-sex couples also make use of this option in countries where it is legally permitted. A distinction is made between two basic forms:

– Traditional or genetic surrogacy: The surrogate mother provides her own egg and is therefore genetically related to the child. Fertilisation usually takes place via artificial insemination.

– Gestational surrogacy: The surrogate mother carries an embryo created through in vitro fertilisation (IVF). The egg comes from the intended mother or another donor, meaning there is no genetic relationship with the surrogate mother. This form is the most common today.

Furthermore, a distinction is made based on motivation or payment:

– Altruistic surrogacy: The surrogate mother receives no payment, but merely reimbursement of the costs incurred.

– Commercial surrogacy: The pregnancy takes place in return for a contractually agreed fee.

Legal regulations vary greatly around the world. Some countries permit only altruistic models (e.g. the United Kingdom, Canada), others allow commercial surrogacy under certain conditions (e.g. certain US states), whilst in many countries – including Austria and Germany – it is prohibited. 

A key point of criticism is the (often existing) economic inequality between so-called ‘intended parents’ and surrogate mothers. In many cases, the women come from socially disadvantaged backgrounds and choose to carry a pregnancy on behalf of others in order to provide financial security for their families or to pay off debts. It is questionable whether one can speak of genuine voluntariness under such conditions. There is a high risk of structural exploitation or even human or child trafficking.

Pregnancy entails considerable physical and psychological strain: risks which, even in the case of surrogacy, are borne entirely by the woman carrying the child. Hormone treatments used as part of artificial insemination can cause side effects and, amongst other things, increase the risk of thrombosis. Furthermore, complications may arise during pregnancy that require medical intervention.

Furthermore, contractual agreements can restrict a woman’s medical autonomy. These include, for example, mandatory caesarean sections, guidelines on lifestyle during pregnancy, or provisions that may require termination of the pregnancy even against the woman’s express wishes.

In addition to the physical effects, emotional strain may also arise – for example, due to the pressure of a contractually regulated pregnancy or the subsequent separation from the child.

Another point of criticism concerns the increasing commercialisation of reproduction. When pregnancies are governed by contracts and carried out in return for payment, there is a risk that children will become commodities that can be bought and sold. In the context of reproductive medicine, there is also debate as to whether genetic selection processes could, in the long term, encourage demand for so-called ‘designer babies’. At the same time, the legal status of the child in international cases is often complex: issues of nationality, parentage and origin may remain unresolved, thereby undermining the child’s right to identity and security.

Translated by Anna Hoschka

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