LGBTQ families have been using assisted reproductive technology for decades to create children through various methods such as artificial insemination, IVF, and adoption.
The process of creating families via surrogates has recently become more common. Surrogacy is when one person carries a child for another individual or couple who will be raising it. It can involve gestational carriers, in which an embryo is implanted into a woman's uterus who is not genetically related to the baby; traditional surrogacy, where the mother provides her own eggs; and host surrogacy, where the mother donates both eggs and carries the fetus.
The most significant moral issue that arises in LGBTQ surrogacy is whether it is ethical to use someone else's body for procreation purposes. Some people argue that this goes against nature because humans were designed to reproduce biologically, meaning that both male and female bodies are required to make babies naturally.
Surrogacy may lead to exploitation of women, as they could be used for commercial gain without adequate protection or compensation.
From a social perspective, there is concern about how society views these alternative forms of family creation. Many societies still struggle with acceptance of LGBTQ individuals and their rights, making them vulnerable to prejudice and discrimination. Surrogacy can also raise questions about parental responsibilities and custody, leading to disputes over who should be considered the legal parents of the child.
Legally, there are laws governing assisted reproductive technology, but many countries lack clear regulations on surrogacy, leaving room for loopholes and uncertainties. In some places, surrogacy is forbidden altogether, while others require strict guidelines such as mandatory counseling sessions before starting the process. The legality of contractual obligations between surrogates and intended parents varies significantly, depending on local laws.
Some countries allow only altruistic surrogacy, which means no payment is involved.
There may still be financial arrangements made through third parties such as agencies or lawyers.
What moral, social, and legal issues arise in LGBTQ surrogacy and alternative forms of family creation?
Moral issues include the rightness or wrongness of creating children outside of heteronormative relationships. Social issues involve how society should view nontraditional families with different combinations of biological parents. Legal issues focus on parental rights for nonbiological or adoptive parents. The latter are often not guaranteed by law but depend on state laws.