Surrogacy is an arrangement where one person provides their uterus to carry another's baby for them. In many countries, surrogacy laws are strict and do not allow same-sex couples to access it. Surrogacy allows a parentless couple to have a child but has certain stipulations that must be met beforehand, such as genetic testing and psychological evaluations. Surrogacy can also lead to ethical dilemmas regarding payment arrangements between parents and surrogates.
There are additional challenges when considering LGBTQ surrogacy in restrictive or unequal cultural and legal contexts.
One example is India, which was once known as the "surrogacy capital" due to its lax regulations until recently. Now, the Indian government strictly regulates surrogacy, making it difficult to impossible for gay men who want to become fathers. This situation raises ethical questions about whether gay men should be allowed to access surrogacy at all. It also raises social dilemmas around identity and family structures, especially if a man wants his own biological connection to the child he carries. Legally, India's anti-discrimination law protects gay rights, but not reproductive rights. Therefore, surrogacy may violate international human rights conventions.
Thailand has changed its surrogacy laws since a well-publicized case involving a Thai surrogate mother carrying twins for a Japanese gay couple. The surrogate was paid only $9000 USD after she gave birth because of an unforeseen clause in her contract. The father took both children back home without paying her more than what they agreed upon. In addition to the financial dispute, this story shows how surrogacy may affect familial relationships between parents and children. Children born from surrogacy may feel abandoned if their intended parents decide to take them away from their birth mothers due to legal issues. As such, surrogacy requires careful consideration beforehand by all parties involved.
Another issue with LGBTQ surrogacy is that many countries do not recognize same-sex marriages or partnerships. This means that even if a gay couple enters into a marriage or partnership agreement, they cannot legally obtain custody of a child born through surrogacy.
In some states of the USA, surrogates must be related to the intended parent(s) to carry a baby for them. Thus, same-sex couples are excluded from this option entirely.
Many religious groups oppose same-sex relationships, which makes it difficult to find a compatible surrogate who will agree to carry a child for two men or women.
These examples demonstrate that LGBTQ surrogacy raises complex ethical, social, and legal dilemmas in restrictive or unequal cultural and legal contexts. While it offers hope to those wanting to become parents but unable to conceive naturally, there is still much work to be done regarding its regulation and acceptance worldwide.
What ethical, social, and legal dilemmas arise around LGBTQ surrogacy in restrictive or unequal cultural and legal contexts?
Surrogacy is an arrangement whereby one woman agrees to carry and deliver a child for another couple or individual who is unable to conceive a baby on their own due to medical reasons or other challenges (Davies & Cochrane 2019). In some countries, surrogacy arrangements are considered unlawful, while others permit it under specific conditions that might be limiting.