A child’s best interests, not the desires of adults, should be at the heart of surrogacy

Apr 3, 2023 by Jill

by Sonia Sodha, Guardian:

The Law Commission has gone too far in its proposed guidelines for surrogate parents.

Infertility can be deeply painful. There is a lot a compassionate society can – and should – do to make fertility treatment available to those who can be assisted to have a child with medical intervention. Few would disagree though that there are ethical boundaries to this, shaped by children’s interests, not just adult desires.

Last week, the Law Commission drove a coach and horses through that moral frontier – which it framed as an overdue modernisation of the law – by publishing draft proposals to reform the UK’s surrogacy framework. Implicit in them is the, I suspect controversial, assumption that a single man seeking to have a child alone through surrogacy, because he doesn’t want or can’t maintain a committed relationship, presents no greater moral quandary than a couple seeking IVF. How controversial is anyone’s guess: the Law Commission hasn’t canvassed public attitudes.

Surrogacy is the practice of a woman conceiving, gestating and giving birth to a baby – using her own or donor eggs – for another couple or individual who can’t do so themselves. The UK is one of few countries in which it is lawful. There are important safeguards intended to guard against exploitation: surrogates can only be compensated for reasonable expenses, to try to ensure their motivations are altruistic, not financial. The surrogate is legally the child’s mother until the intended parents are granted a parenting order by the family courts, if and only if they deem it is in the child’s best interests.

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