Abigel Lancaster
Commercial Surrogacy is an arrangement where a woman carries and delivers a child that is not biologically hers in exchange for financial compensation from the biological parents. A relatively new phenomenon, it has received notable attention after being used by celebrities such as Kim Kardashian and Chrissy Teigen. But the concept of for-profit surrogacy remains deeply controversial, with many countries having legislation that explicitly outlaws the practice. Impact’s Abigel Lancaster examined both the ethical concerns around this arrangement and its potential benefits.
CASES LIKE THIS REFLECT THE COMPLEX ETHICAL QUESTIONS AND LEGAL FACTORS THAT PLAY A ROLE IN THE PROCESS OF COMMERCIAL SURROGACY
One of the main arguments against commercial surrogacy is that the inclusion of a financial incentive puts the biological parents in a position of power, and leaves the surrogate vulnerable to manipulation. There is a view that with payment comes added pressure and expectations, which can put the surrogate in a difficult position should they find themselves in an unexpected situation. A notable example of this is the case of Brittanyrose Torres, a Californian surrogate who refused the biological parents’ request that she have a selective abortion when she became pregnant with triplets. Though Torres could not legally be forced to have an abortion, she was placed in a situation where she could potentially be sued by the biological parents for refusing to comply. Cases like this reflect the complex ethical questions and legal factors that play a role in the process of commercial surrogacy.
COMMODIFYING THE FEMALE BODY AND REDUCING WOMEN TO BEING VIEWED AS LITTLE MORE THAN ‘INCUBATORS’
Women in particular may also feel that this new perception of surrogacy as a business transaction has a negative impact, commodifying the female body and reducing women to being viewed as little more than ‘incubators’. Once surrogacy becomes an ‘industry’, the surrogates function as employees and ethical questions are raised over their individual rights and bodily autonomy. It could be argued that this conflation between capitalism and the process of gestational surrogacy harms women more than it helps them, and feels incompatible with modern feminist values.
THE AVERAGE SURROGATE IN THE US BEING PAID UP TO $90,000
However, many also claim that the arrangement is a mutually beneficial one, provided that there is total transparency on both sides. Financial gain is perhaps the most obvious advantage for the surrogate, with the average surrogate in the US being paid up to $90,000.A sum this significant gives the woman a level of financial freedom and ease of mind, which many believe she is fully entitled to for the risks involved in pregnancy and childbirth. Surrogates are also motivated by a desire to change a couple’s life by allowing them to expand their family and many surrogates speak positively of their experiences.
And, for prospective parents, surrogacy is often one of the only options available to have a child with a biological link, a factor that is very important to some when deciding to start a family. The arrangement has become increasingly popular with both same-sex couples and infertile heterosexual couples.
On a national level, the discourse surrounding surrogacy is somewhat different. In the UK, commercial surrogacy is outlawed under the Surrogacy Arrangements Act 1985. This legislation attempts to protect women from exploitation, avoiding financial manipulation and ensuring that the arrangement is only undertaken on a purely altruistic basis. It is also illegal to publicly advertise for a surrogate, meaning the surrogacy cases in the UK are far lower than in the US and most surrogates have an existing relationship with the parents.
However, it could equally be argued that not financially compensating a surrogate is even more exploitative. Even if the surrogate’s motivation is entirely altruistic, many object to the idea that she does not receive any payment beyond the covering expenses.
FORMING ONE DEFINITIVE OPINION ON SUCH NUANCED TOPIC IS DIFFICULT WITHOUT OVERSIMPLIFICATION
Ultimately, commercial surrogacy is both a complex and polarising issue in which many ethical and legal factors must be taken into account. Whilst individuals may have strong opinions on introducing a financial element into surrogacy, forming one definitive opinion on such a nuanced topic is difficult without resorting to oversimplification. The existence of legislation to protect the rights of both the surrogate and the biological parents is vital in ensuring that these contracts maintain complete transparency on both sides.
Abigel Lancaster
Features image courtesy of Joey Thompson via Unsplash. Image license found here. No changes were made to this image.
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