For those who think a woman and a couple - regardless of sex or sexual orientation - should be able to enter an agreement for surrogacy, answer these questions:
If a severe abnormality is found on NIPT or the 12 week scan, who gets to decide what to do?
If the woman wants to abort but the intended parents don’t (this is Ireland after all), whose wishes matter most?
What if the intended parents do want to abort because they don’t want to look after a child with a severe disability. Should the mother be made to undergo such a procedure?
What if the mother suffers a complication resulting in death or disability? Who will look after her in the event of the latter?
What if there is an accident and the intended parents die, say in a car crash, before the baby is born? I remember a surrogate posted on MN once in an “Ask Me Anything” style. She was asked this question on page one and despite already having the embryo implanted, hadn’t even considered this possibility. She came back later with “put the baby up for adoption” 😵💫.
Essentially there is a multitude of potential complications for both the mother and the fetus/baby, both antenatal, perinatal and postnatal: who has a say over what? One contract in California stipulated that the intended parents would get final say over the withdrawal of life support for the mother should there be the possibility of keeping the fetus alive long enough to reach a viable gestation. Is that reasonable to have that control over a woman’s body instead of her family?
Why does support for altruistic arrangements always assume that nothing will go wrong, the parties won’t fall out, and it’s only possibly to have a positive outcome?
How do you create a framework that legally or morally protects all three parties involved? Or is it just a case of “hope for the best”?
Because at the moment this is what is deemed a success: the mother and baby fortunately got through relatively unscathed (I say relatively because pregnancy has a 100% complication rate) and the baby hasn’t yet demonstrated any signs of the potential lifelong trauma. Is this “success” to you? That “thank god nothing went wrong and they all seem happy”?
As a society we have to create such a framework that deals with those scenarios where it doesn’t: where there’s disagreement that develops, where there are complications, where there are unseen consequences, where the child’s rights are considered. Show me your framework that factors these things in to allow for such problems, which can then support the cases where everything goes swimmingly.
You can either come up with a legal and moral framework that covers all eventualities for all three parties to ensure protection for all three parties or you acknowledge that such a framework is not possible and successful surrogacy relies on a good deal of luck. Which is it?