Moral-ethical and legal aspects of surrogate motherhood: origins, international experience, problems

Abstract

The article traces first commercial surrogacy contracts to the late 1970s Michigan, USA, and examines the most common moral objections to the practice of surrogacy. It familiarizes the readers with several recent sociological studies of surrogacy in the US and India, and three key American court cases that laid the foundation to the most recent framing of parental rights as based on intent, rather than genetics or gestation. The author introduces theories of repugnance in markets and taboo exchanges, and addresses legal differences that govern surrogacy practices across the word. These differences contribute to “circumvention tourism” and result in robust global flows of people seeking to become parents despite surrogacy bans in their homes countries. In conclusion, the author underscores the need for better government regulation of global reproductive tourism in order to clearly specify responsibilities and protect the rights of all parties to surrogacy, particularly of the children, who may be at risk of becoming parentless or stateless.Published versio