Ethics of Surrogacy

By Sara Shariff

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Surrogacy is often thought to be a ‘treatment’ option for the infertile or an alternative to adoption, and so to be celebrated in fulfilling people’s desires to be parents. However, surrogacy also brings a wealth of more complex ethical issues around gender, labour, payment, exploitation and inequality.

Take the issue of payment: surrogacy involves literal labour (physical and often emotional effort in both gestating and birthing). However, many see it as distinct from labour (working in a factory or teaching a class). This raises an ethical question around whether surrogacy is different from other kinds of paid work and, if it isn’t, shouldn’t we remunerate surrogates?

There are no globally recognized surrogacy laws, but countries around the world often frame the legality of the surrogacy arrangement in terms of whether it is commercial (paid) or altruistic (unpaid).

Of the nations that do not outright ban surrogacy, few permit commercial surrogacy. However, several countries – the United Kingdom, Portugal, and Denmark, to name a few examples – legally allow ‘altruistic’ surrogacies. What are the reasons for this? Common ethical concerns that make commercial surrogacy unpopular include the worry that potential surrogates would be exploited, especially in low and middle-income countries, and that it would commodify pregnancy and childbirth. These concerns are a major part of why India, once a global hub for commercial surrogacy, moved to outlaw it.

Some philosophers argue that surrogacy is unique when compared to other work. For instance, they claim that women are intimately connected to their reproductive capacities and bodies (so pregnancy and birth are special and should not be bought), or that being pregnant requires an unusual time commitment (unlike other kinds of work, the woman works for 24 hours a day, seven days a week, for nine months).

Ethics also come into play when thinking about the gendered nature of surrogacy and intended parenting. Biologically, the surrogate has to be someone with the capacity to gestate and give birth – usually a woman. As gendered labour, surrogacy triggers important feminist concerns, such as about bodily autonomy, vulnerability, inequality and rights.

A final ethical issue to mention is exploitation. The UK, Ukraine, US, Australia and India have different regulations about surrogacy. Some countries see the surrogate, while others the intended mother, as the legitimate mother. Some favour altruistic forms of surrogacy, while others allow commercial forms. Some countries give parental rights to intended parents before or at the birth of the child, while others only after six weeks.

Conclusion: Surrogacy is a complex issue with no easy answers. It is crucial to carefully consider the ethical implications for all parties involved, including the surrogate, the intended parents, and the child, and to ensure that surrogacy arrangements are conducted in a way that prioritizes well-being, autonomy, and justice.