What is Surrogacy? Ethical Debate and Risks

A large proportion of the population wants or intends to have children at some point in their lives. Within this group we find that there is a majority of people who will be able to have them biologically with their partner.

However, there are many other people who, for some reason, do not have this possibility. For example, women with problems in their reproductive system that prevent them from carrying a child, same-sex couples, or men or women without a partner who seek to have children. In these cases there may be different alternatives, one of them being surrogacy

The concept of surrogacy

Surrogacy is understood as a reproduction technique through which a woman voluntarily conceives a child for a person or couple other than her The person who is going to carry the baby is called the surrogate, while those who request the pregnancy are called intended parents.

This technique requires a formal agreement between both parties, through which the first agrees to carry the couple’s baby, renounce motherhood and hand the child over to the couple in question, while the second agrees to take care of the child and, if necessary, that it exists, provide remuneration to the surrogate.

It is generally carried out through artificial insemination or in vitro fertilization providing the intended parents with both the eggs and the sperm or one of them if it is not possible to do so with both.

Those who resort to this type of pregnancy are usually heterosexual couples with fertility problems, homosexual couples (usually two men, it is not so common for female couples to resort to this practice as they can resort to other means such as sperm banks), or people without a partner who do not want or cannot adopt or resort to other means.

Types of surrogacy

Different types of surrogacy can be established depending on the biological relationship between the pregnant woman and the pregnant woman and according to the characteristics of the agreement between surrogate mother and intended parents, based on two main dichotomies: partial surrogacy-complete surrogacy and altruistic surrogacy-commercial surrogacy.

1. Partial or linear subrogation

The first to emerge and therefore also called traditional, refers to the type of surrogacy in which the surrogate is also the biological mother of the child conceived. Thus, it is the surrogate who lays the egg that will be fertilized by the sperm of the intended father.

2. Complete or gestational surrogacy

In this type of surrogacy, the surrogate mother has no biological link with the future gestational child. Egg and sperm are provided by the couple, whether these are your own or those of another person other than the surrogate mother are used. This is the most common.

3. Altruistic surrogacy

This is a type of surrogacy in which the surrogate does not receive any type of remuneration for carrying the baby, this being agreed upon and accepted in advance. The exception is medical expenses or loss of potential economic earnings. as the surrogate mother cannot practice her profession.

4. Commercial surrogacy

In this type of surrogacy, the agreement between the surrogate mother and the intended parents establishes the payment of a certain payment in exchange for carrying the baby.

Controversy and debate around this type of pregnancy

Surrogacy has been and continues to be a controversial concept about which there is extensive debate This debate mainly deals with ethical aspects of this practice, its application and the risks it may entail.

One reason for discussion is the link between the right to sexual freedom and dignity in pregnant women. Associations and groups against indicate that surrogacy is an attack on the sexual freedom and dignity of pregnant women which is forced to comply with the agreement even if it changes its mind during the course of the pregnancy and which sees itself commercialized, and the rights of the gestated minor itself.

However, those in favor consider that it must be taken into account that surrogacy represents a mutual and accepted agreement between surrogate mother and intended parents, not violating the rights or freedoms of any of those involved and being an act carried out voluntarily and freely.

Commodification of motherhood

A second reason for controversy derives from the consideration by some groups against the fact that motherhood is being commercialized. These groups propose that pregnancy is used as a mechanism to obtain a monetary reward, which ultimately can lead to subjects with high economic capacity take advantage of the desperation of women with low economic resources

Linked to this is the fact that The creation of networks and mafias dedicated to forced surrogacy is promoted On the other hand, people in favor indicate that it is possible to regulate this process legally (the absence of legality being what facilitates the creation of networks) and point out the possibility of making a non-profit agreement (that is, using altruistic surrogacy).

The alternatives

Another reason why the existence of surrogacy is debated is due to the existence of other methods to have children, like adoption However, it must be taken into account that this, currently, is difficult to achieve. Adopting requires complex, expensive and very lengthy procedures (in some cases up to five years or more can elapse between initiation and effective adoption) that sometimes there are not enough resources to face.

In other cases, not all of the requirements demanded for this are met, despite the fact that many of them may be due to bureaucratic aspects that are not linked to the parental capacity of the applicants. Finally, there are also people who want to have children to whom they are linked by a blood relationship (that is, they want them to be biologically their children).

How does it affect children?

A reason for debate is also how knowledge of this fact can affect the minor conceived through this means. The investigations carried out show that There are no notable alterations even in the case of partial subrogation (except perhaps curiosity regarding their biological parent, similar to what happens in adoptees).

Various studies indicate that the majority of parents who use this medium inform their children of cHow it was conceived at an early age, before the age of seven No type of difficulties has been reflected in the minors themselves. Only in cases in which this information is hidden and discovered during periods of adolescence, or is experienced or transmitted as something shameful or negative, can it generate negative responses towards parents.

Finally, the possible relationship between the surrogate mother and the surrogate mother and the consequences it may have on the mother are also taken into account. In this aspect, the majority of women who agree to become pregnant, as long as they receive adequate advice and support and carry out the act convinced of it, They do not usually present problems in this regard On the other hand, in some cases where it is carried out due to great economic precariousness or under duress, harmful effects such as depression or the feeling of being used can be observed.

Legal situation in different countries

Surrogacy has a different legal consideration depending on the country or region, being legal in some countries and illegal in others. And even in cases where it is legal, there may be differences and limitations that allow only a certain type of population to access surrogacy or that it be carried out only if it is done altruistically.

Legal situation in Spain

Currently, surrogacy It is not legal in Spain At a legal level, it is considered that the legal mother of the minor would be the woman who gestated it, and any contract in which the right to motherhood is waived in favor of third parties is considered void.

The majority of people who want to resort to this type of pregnancy in our country must resort to traveling to other countries where it is allowed, and even so they may encounter difficulties when it comes to having the maternity or paternity of the child in question recognized in this country. country. This recognition must be done judicially. Otherwise, the surrogate will be considered the legal mother of the baby, although the father would be the sperm donor.

So that the boy or girl is recognized as the child of the parents who resort to surrogacy the surrogate must renounce motherhood and leave only the sperm donor father as legal father, so that his partner can later adopt him. The exception to this fact occurs in countries such as the United States, Canada or Greece, in which filiation is admitted once judicially accepted in these countries.

However, there is a great debate at the social level regarding the state of this issue and several law proposals have been made to make this practice legal and regulated.

Current situation in Portugal

Recently Portugal has decided to draft a law that allows surrogacy, although only in the case of couples in which the woman cannot conceive naturally. However, this law excludes single people and homosexual couples (whether they are two men or two women). It is also established that the pregnant woman cannot receive financial compensation and that once the child is born you will not be able to have more contact with him or her than is essential (with the possible exception of surrogacy within the same family).

Current situation in the United States and Canada

In these two countries, surrogacy is legal and can be applied to any type of family regardless of their sexual orientation or the existence or not of a couple. In the United States it is allowed to be carried out both altruistically and commercially, while in Canada only altruistic surrogacy is allowed.

Current situation in the United Kingdom

In the United Kingdom, surrogacy is legislated, and is allowed as long as it is altruistic and the mother gives up the right to maternity. It is required that at least one of the parents has a genetic connection with the child, and only couples (whether heterosexual or homosexual couples) have access.

Current situation in Russia

In Russia, surrogacy is legal whether it is altruistic or commercial and for both heterosexual couples and single people, although not for gay couples

Current situation in India

In India this assisted reproduction technique It is allowed both altruistically and commercially However, it is not allowed to citizens of countries where it is not allowed, singles from other countries and homosexuals.

Legal situation in Argentina

In Argentina there is no legislation that regulates surrogacy, so in this country it is currently illegal. This implies that although it is not allowed, it is not prohibited either.

Despite this, the child would be legally the child of the surrogate mother and the sperm donor (whether or not he is the intentional father), which would make it possible for the surrogate mother to adopt the minor as a partner of his legal father. There are bills to regulate this practice that would include that it could only be carried out altruistically, for all types of family structure and requiring judicial approval.

Current situation in Brazil

As in Argentina, there is no clear law that regulates this practice. However, it is allowed as long as it is given altruistically and the surrogate is a family member (up to the fourth degree) of the intended parents. In principle, she would be open to all types of family structures (regardless of whether or not there is a partner or sexual orientation).