Is Surrogacy Ethical And The Rights of the Child

Published by:
Sarah Chen

Reviewed by:
Alistair Vigier
Last Modified: 2023-09-15
Are you wondering if surrogacy is ethical? The development of in-vitro fertilization and egg-freezing techniques has had a significant impact on the rise of surrogacy.
This is because it can assist individuals with conception inabilities to have children.
However, resulting from the moral principles, there are severe challenges in regard to the relationships between surrogate mothers and intended parents.
The purpose of this study is to identify the ethical and social issues affecting surrogate mothers and intended patients during the surrogacy process and to explore legal rights, moral dilemmas, and social gaps in this regard.

The Historical Context of Surrogacy and Ethics
The study will employ a qualitative research design as well as a survey in order to gather information from relevant stakeholders in selected model countries including Russia, China, Greece, and the UK.
As for surrogacy, there exists a limited legal framework to guide the relationships and ethical conduct and to confront social challenges.
Similarly, moral dilemmas and conflicts of interest arise when the parties have a change in perception.
The study aims to provide theoretical and practical references on ethical and social issues associated with surrogacy and also to give advice on handling similar problems.
Surrogacy Ethical Issues
The development of in-vitro fertilization (IVF) and egg-freezing techniques in the late 1970s has contributed significantly to the evolution of modern surrogacy (Brunet et al., 2012).
The infertility problem dates back several centuries to the invention of appropriate equipment and technologies that are being used today (Crozier, Johnson, & Hajzler, 2014; Dushina et al., 2016). Various couples face this issue including wives, singles, gays, and lesbians.
Therefore, they seek surrogacy to overcome their inability to conceive. In spite of the benefits of surrogacy to qualified parties, it remains a controversial topic all around the world (Brunet et al., 2012; Khader, 2013).
Understanding the Basics: What is Surrogacy?
In most cases, there are issues in regard to the moral, social, and legal aspects of surrogacy. For instance, the ethical and legal conflicts between surrogate mothers and baby owners have increased over time as more people embrace the idea.
Arslanov and Nizamieva (2015) revealed that surrogate mothers develop maternal bonds with their children, which affects their perception after the delivery.
The study aims to expand the knowledge base on ethical and social issues associated with surrogacy as well as to give solutions.
Statement of the Problem
From an international perspective, surrogacy is regulated by different laws that add more complexity to the practice. The need to regulate surrogacy has always been recognized, but not realized in most societies (Yang, 2015).
Thus, there exists the need to evaluate the problem and assess the way different states, as well as the global community, handle the issue. Moreover, women are the most victimized group of all the malicious attitudes and consequences of surrogacy (Twine, 2015).
Therefore, more attention shall be attached to disadvantaged groups such as marginalized women with an aim to help improve their position in society.
If you are concerned if surrogacy is ethical, that’s a question that only you can answer. If you need help with the legal side, you should contact a lawyer.
Purpose of the Study
The purpose of the study is to explore the ethical and social issues affecting the relationship between surrogate mothers and intended parents during the surrogacy process.
The study also seeks to prove the existence of persistent moral issues that should be considered in restructuring surrogacy practice, especially in regard to the protection of surrogate mothers’ rights.
Different states and societies have certain regulatory measures and perceptions of surrogacy (Jadva, Imrie, & Golombok, 2014).
Some countries prohibit commercial surrogacy to avoid the moral and social challenges arising when financial obligations conflict with feelings and emotions.
Medical Advancements: How Modern Surrogacy Works
For instance, Söderström et al. (2016) reported that Greece only allows altruistic surrogacy, which implies that the surrogate mother does not receive any monetary or material compensation as payment for their services with limited circumstances where compensation for up to $12,000 might be allowed.
Dissimilarly to Greece, Russia allows commercial surrogacy. However, government regulation is inefficient (Papaligoura, Papadatou, & Bellali, 2015).
Arslanov and Nizamieva (2015) present a case study of a Russian surrogate mother who was forced to offer the service due to poverty.
The woman needed to earn additional money to settle mortgage debt, school fees, and the upkeep of her family (Arslanov & Nizamieva, 2015).
Surrogacy
According to Ding (2015), Qiao and Feng (2014), and Yang (2015), possible exploitation of poor women in surrogacy has been reported in Hubei Province, China, where over 100 women were found to be carrying fertilized eggs for strangers in order to earn a payment of up to 100,000 Yuan.
Weis (2015) and Whittaker (2014) demonstrate how the situation is different in Russia where the practice is mostly unregulated, and thus, highly attractive for profit-oriented surrogate mothers.
The lack of proper legal frameworks to regulate and oversee the administration of surrogacy creates a loophole for unethical conduct and exploitation of surrogate mothers (Horsey, 2015; Fenton-Glynn, 2014.)
Exploring the Ethical Considerations for Intended Parents
In this regard, more research and development of legal structures, legislation, and medical policies are necessary to confront the growing ethical and social challenges in surrogacy (Horsey, 2015; Twine, 2015).
Despite the emergence of surrogacy and rising controversies, limited studies have explored the possible ethical and moral issues degrading the practice.
Existing research has not thoroughly explained the economic exploitation of surrogate mothers and how their rights are infringed upon during the arrangements with clinics and clients.
Therefore, this study seeks to fill the gap of limited information on the ethical and social issues affecting surrogacy.
Surrogacy Ethical Research Questions
-Is the concept of motherhood a cause of ethical dilemmas in surrogacy? Does the DNA, surrogate mother, or the intended mother define motherhood?
-Are there any legal grounds for a surrogate mother to abort or keep a baby from the intended parents?
-What ethical dilemma arises from the superiority of the intended parents to request an abortion/abandon/killing of the baby after realizing unfavourable conditions such as disability?
-What kind of social class are surrogate mothers positioned in? How are the rights of surrogate mothers protected when the social gap between the intended parents and them is significant?
Research Design and Methods
Since the study is intended to explore the existing secondary data as well as to collect primary data, two methods are applicable. Regarding the first step, a literature review on ethical, social, and legal approaches to surrogacy is conducted.
The researcher will resort to secondary sources on legislation, ethical issues, the surrogacy market, surrogacy agents, social classes of the surrogate mother and intended parents, and the remuneration in model countries (Russia, China, Greece, and the UK).
The literature review will include a comparative evaluation among the model countries to assess how surrogacy is regarded in different parts of the world.
An analysis of scholarly articles from peer-reviewed journals published during the last five years will be performed.
The materials will be selected based on the research titles that have already been reflected under the headings in the study and keywords.
Is Surrogacy Ethical? The Surrogacy Process
Regarding the second step, the research method will be employed in order to gather qualitative data from surrogacy agents, surrogate mothers, the intended parents, and the public within the model countries.
The collection of the primary data will be done by interviewing the selected surrogate mothers, agents, the public, and intended parents.
The study will require 100 participants (n=100) with a balanced composition of the four categories of respondents. Additionally, structured open- and closed-ended questions will be verbally administered during the interview process.
The data will be collected through rough drafts and audio recorders which will undergo transcription and interpretation during analysis.
Expected Outcomes of the Research
The researcher expects to identify the causes and types of ethical dilemmas since they have a significant impact on the moral controversies in surrogacy.
Similarly, the study findings may reveal the level of legal framework guiding surrogacy as well as evaluate the challenges arising from inadequate regulations on this issue.
Regarding the social gap between surrogate mothers and intended parents, the research may expose the consequences influencing the financial foundations of the agreement.
The conflict of interest arising from the surrogate mothers’ intention to protect the baby from perceived dangers in the future family also constitutes ethical concerns.
Rights of the Child: Ethical Concerns and Legal Implications
The study is expected to provide more information on the moral and social issues affecting the relationship between surrogate mothers and intended parents.
In conclusion, the researcher intends to explore the ethical, social, and legal factors affecting the relationship of agents, mothers, and intended parents in surrogacy. The study employs a critical literature review and qualitative research method.
Moreover, the expected findings will show that moral problems originate from the understanding of motherhood and the right of surrogate mothers to abort or keep a baby or refuse to give the child to the intended parents when they suspect poor care.
Similarly, the wide social gap between surrogate mothers and the intended parents also leads to misunderstanding and ethical conflicts.
Is Surrogacy Ethical?
The study will be affected by financial limitations hindering the proper movement between locations, the access to the respondents, and the adequate collection as well as analysis of data.
The methodology is time-consuming as well since it involves a literature review and survey that the researcher considers the most suitable approach for the study.
The proposed study is relevant to different stakeholders interested in understanding the ethical and moral challenges associated with surrogate mothers and intended patients.
Further, the findings may be useful for the formulation of appropriate legal regulatory measures to enhance ethical conduct and mutual satisfaction during surrogacy.
In this regard, the study is important to surrogate mothers, agents, intended parents, government agencies, and scholars studying similar topics.
The study period for this research is based on a four-year timetable plan which will ensure adequate time for the analysis of secondary data regarding surrogacy in Russia, China, Greece, and the UK as well as the collection of primary data in China.
Author: Chang Liu 刘 畅
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