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The issue of surrogacy has been the cause of great moral, ethical and legal debate within the community. However, with increasing demand for infertility treatment and a decline in the number of children available for adoption, it is possible that more Australians will start to consider surrogacy as an alternative.
Surrogate motherhood
A surrogate mother is someone who gestates and then gives birth to a child for another person, with the full intention of handing the child over to that person after the birth.
Two types of surrogacy
There are two main types of surrogacy:
- The male partner of an infertile couple impregnates the surrogate mother by means of natural or artificial insemination. The surrogate mother then gives the custody of the child to the couple at birth.
- The embryo created using the sperm and ovum of a couple is implanted in the uterus of the surrogate mother, who again gives up the child at birth. This surrogacy method is relatively new and is technically possible through the in vitro fertilisation (IVF) program.
Infertility in Australia
It is estimated that about 10 to 15 per cent of Australian couples who want to start a family are infertile. While in about 40 per cent of these cases the problem is due to male infertility, often it is the female who is unable to conceive or carry a child to term. Many of these couples try artificial conception treatments such as IVF. The success rate of these treatments is usually between 10 and 35 per cent per cycle.
Surrogacy can be seen as an alternative form of reproductive technology that can assist these infertile couples. However, many people argue that it is difficult to compare surrogacy with other reproductive methods, as the surrogate mother is undergoing all the emotional, mental and physical feelings of pregnancy, not simply donating an ovum.
The argument for surrogacy
There continues to be much controversy and debate surrounding surrogacy. The argument in favour of surrogacy is based on the personal autonomy of the couple commissioning a surrogate mother. The view is that people should be free to make arrangements so long as those arrangements do not bring harm to others. Some claim that the surrogate child and mother can be adequately protected if strict regulations and controls are established and enforced.
The argument against surrogacy
Arguments against the legalisation of surrogacy are mainly based on two issues: the best interests of the child and the rights and feelings of the surrogate mother. The legal, moral and ethical questions raised are numerous and include:
- What happens if the surrogate mother or commissioning couple change their mind?
- What happens in the case of miscarriage or multiple births?
- What happens if the child has serious disabilities?
- What are the rights of the child?
- Should payment be involved?
Other key issues
There are also a number of ongoing issues still to consider once the surrogate mother gives birth and hands over the child. These include:
- Paternity and maternity rights
- Guardianship
- Custody and access
- Maintenance and financial support.
The Kirkman case
There have been several well documented cases of surrogacy in the United States and Britain but the most well-known Australian case involves the Kirkman sisters in Victoria in 1988. Linda Kirkman agreed to gestate the genetic child of her older sister Maggie. The baby girl, called Alice, was handed over to Maggie and her husband at birth. This case created much community and legal debate and, soon after the birth, the Victorian law was changed and IVF surrogacy became illegal.
Surrogacy legislation
Each state has addressed the surrogacy issue to varying degrees. Check with your local IVF clinic or legal advisor for the current surrogacy legislation in your state or territory.
Where to get help
- Your doctor
- The IVF clinic in your state or territory
- The Family Planning Association, Tel. (03) 9257 0100
Things to remember
- Surrogacy is not a simple alternative to having a child. The process and surrounding issues are complex.
- Surrogacy legislation in Australia may vary from state to state.
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