Lexi Ellingsworth of Stop Surrogacy Now UK responds to news that the rise in the use of surrogates abroad is leaving more babies at risk of becoming stateless. She argues that regulation cannot remove the central ethical problem: every surrogacy arrangement begins with the deliberate separation of a newborn baby from their mother, who they have naturally bonded with throughout the pregnancy.
Physical Risks for Surrogate Mothers
Regulation is also not able to eliminate the physical risks borne exclusively by surrogate mothers. A study in Canada has suggested that surrogate mothers are more likely to experience severe complications including postpartum haemorrhage and pre-eclampsia than women who conceived naturally or with IVF.
Limitations of Regulatory Frameworks
Regulation cannot eliminate the risks and realities of surrogacy, and the evidence referenced in the article should give decision-makers pause. Countries and US states that have introduced detailed regulatory frameworks continue to report concerns about the exploitation of economically vulnerable women, inadequate informed consent and difficulties with oversight and enforcement. Laws may change the way that surrogacy is organised, but they have not consistently prevented abuses or addressed the inequalities that drive many women to engage with surrogacy.
Rather than assuming that better regulation will make surrogacy ethical, we should ask whether a practice that depends on separating a baby from their birth mother, while exposing women to significant medical risks and creating opportunities for exploitation, can ever truly be made safe.
