What moral, social, and legal dilemmas emerge in LGBTQ surrogacy in contexts of restrictive laws or unequal access?
LGBTQ+ couples face several challenges when it comes to conceiving a child through assisted reproductive technology (ART) due to the lack of support from their families and society. In many countries, surrogacy is illegal and considered immoral, especially for same-sex couples. Even where surrogacy is permitted, there are restrictions such as who can be the parents of the child born from this process. This creates various moral, social, and legal dilemmas for LGBTQ+ couples, which will be discussed in detail below.
Moral Dilemmas
One of the biggest moral dilemmas that arise is whether it is ethically acceptable for an individual to donate their eggs or sperm to create life outside of their own family lineage.
Some religious groups believe that procreation should occur within the confines of marriage between a man and a woman, and therefore, surrogacy is against God's plan.
Some people argue that creating children outside of natural reproduction goes against nature and interferes with human evolution.
Others view surrogacy as a way to help those struggling with fertility issues and provide them with the opportunity to have a family.
Social Dilemmas
Social dilemmas arise due to societal norms regarding gender roles and traditional values around procreation.
Some cultures see pregnancy as something only women can do, and fathers play no role in the conception of the child. Therefore, surrogacy becomes an issue because it challenges these traditional views. Another social dilemma is how society perceives same-sex relationships, as they are often viewed negatively by many conservative groups, making it difficult for gay couples to raise children without facing discrimination or stigma. In addition, the legal status of surrogacy varies widely across countries, which creates confusion about what rights and responsibilities each party has during the process. This can lead to misunderstandings between intended parents and gestational carriers, which may result in conflicts over payment, medical care, or custody.
Legal Dilemmas
Legal dilemmas surrounding LGBTQ+ surrogacy include the recognition of parenthood, citizenship, and inheritance rights. In most countries, only biological parents can claim their children's citizenship, but this presents a problem if one partner does not contribute genetically to the child's creation.
Some laws require both partners to be recognized as parents at birth, while others only recognize the person whose genetic material was used to create the embryo.
There are potential financial implications for both parties involved in surrogacy, including tax liabilities and insurance coverage.
The moral, social, and legal dilemmas associated with LGBTQ+ surrogacy highlight the need for more comprehensive legislation that recognizes all forms of family structures and provides equal access to reproductive technology services. Without such changes, LGBTQ+ individuals will continue to face barriers when attempting to build families through assisted reproduction.
What moral, social, and legal dilemmas emerge in LGBTQ surrogacy in contexts of restrictive laws or unequal access?
Surrogacy involves transferring one's reproductive material (egg or sperm) or womb to someone else for procreation purposes. In the case of lesbian, gay, bisexual, transgender, queer (LGBTQ) individuals who want to have children but cannot do so through conventional means, they may seek out a gestational carrier who will carry their child until birth.