Surrogacy is an arrangement where one person carries another's child in their womb and gives birth to it for them. This practice has become increasingly common among LGBTQ+ couples who may face challenges related to biological reproduction due to social, cultural, and legal restrictions.
Same-sex marriage is still unlawful in many countries, which means that there are no laws governing parental rights for these couples. As a result, they resort to surrogacy arrangements to have children.
This process poses moral and legal considerations that need to be addressed. This article explores the issues surrounding surrogacy in restrictive environments and how they affect LGBTQ+ individuals' pursuit of parenthood.
Moral Consideration
One of the moral considerations arising from surrogacy is the exploitation of the surrogate mother. Surrogacy involves a woman carrying another's baby for nine months, undergoing several medical procedures, and giving up her time and body to ensure that the pregnancy goes smoothly. While compensating the surrogate mother is crucial, overcompensating her can lead to exploitation.
The surrogate may experience emotional distress when she gives birth to a child that does not belong to her. This emotional attachment can make it difficult for the intended parents to take the child away from her after delivery. The moral issue becomes even more complicated if there are multiple embryos implanted during IVF, as some will be discarded. Surrogacy agreements should explicitly address these concerns to prevent such situations.
Legal Considerations
Surrogacy also raises legal issues, especially when one partner in the couple is not genetically related to the child. In such cases, the non-genetic parent must go through an adoption procedure to gain parental rights. This process can be challenging since many countries do not recognize same-sex marriages or civil unions. Moreover, surrogacy arrangements require financial resources, which may limit who can afford them.
Surrogacy can result in disputes between the parties involved, particularly when the surrogate decides to keep the child instead of relinquishing it after birth. Such cases require legal representation to resolve disputes amicably.
Surrogacy presents moral and legal considerations for LGBTQ+ couples pursuing parenthood in restrictive environments. To address these issues, surrogacy contracts should clearly outline the responsibilities and expectations of all parties involved, including compensation for the surrogate mother.
Laws governing parental rights need to change to accommodate same-sex couples' unique needs.
The wellbeing of both the surrogate mother and the child should be prioritized throughout the process to ensure a successful outcome.
What moral and legal considerations arise when LGBTQ individuals pursue parenthood through surrogacy in restrictive environments?
The decision of an individual or couple to become parents is often accompanied by various moral and legal considerations, regardless of their sexual orientation or gender identity. In restrictive environments such as some regions of the United States, the pursuit of parenthood for lesbian, gay, bisexual, transgender, queer (LGBTQ) individuals may involve additional challenges due to discriminatory laws and social stigma.