Last update:
07-Jul-2004

Surrogacy is a method of assisted reproduction in which the surrogate mother, as a rule, gestates for a subfertile couple. During traditional surrogacy this woman, apart from her uterus also lends her ova, in contrast to gestational surrogacy (or gestational care) where there is no genetic kinship between the donor of the uterus and the fetus. As the practice of surrogacy is not the actual treatment of an infertile woman but, in effect, her replacement by another, this gives rise to many moral questions. These questions concern the process itself, namely, to what extent can surrogacy be considered exploitation of the woman who lends her uterus, whether it is proper to remunerate the woman for the pregnancy and to control it by the terms of a contract and, in this case, who should be considered the parent. One of the dilemmas arising from the practice of surrogacy concerns the rights which the social mother should have during the period of reproduction in relation to those of the surrogate mother. The rights of the child also give cause for reflections which concern the moral substance of surrogacy. As far as the law is concerned the ground is considered unexplored and morally “slippery”. This does not mean that there should not be a relevant regulation which would delimit the general frame for the application of surrogacy. Because of the diversity of factors characterizing each case, it would be risky to question the rightness of the application of surrogacy. The decision should be taken by the health professional after investigating each case separately, taking into account today’s moral and social rules, as well as the legal framework.

Key words: Assisted reproductive technique, Ethics, Infertility, Parenthood, Surrogate motherhood.