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Surrogacy
Rels 300 / Nurs 330
19 November 2015
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Traditional Surrogacy
 ova of gestational/surrogate mother
 sperm of contracting father; AI (or IVF)
  both genetic link and biological link between
surrogate and baby
 after birth, surrogate terminates her parental
rights
 contracting man is recognized as father
 contracting mother does a step-parent
adoption
 e.g., Baby M
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Terms of the Contract: 3 parties
1.
Richard Whitehead (husband of Mary Beth
Whitehead)
o gave consent for Mary Beth to be inseminated
with sperm of William Stern
o agreed to terminate his parental rights and
surrender custody of infant upon birth
2. Mary Beth Whitehead
o agreed to artificial insemination and to form no
“parent-child relationship” with fetus/infant
o agreed to assume all risks of pregnancy and
childbirth
o at birth, to surrender her parental rights to William
Stern
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Terms of the Contract: 3 parties
3.
William Stern
o agreed to pay $10,000 to Mary Beth W.
upon surrender of live child
o if miscarriage prior to 5th month, no
payment
o if miscarriage after 5th month, $1,000
o if stillborn, $1,000
o agreed to pay lawyer Noel Keane $10,000
for arranging contract
o Elizabeth Stern – no part in contract; after
birth, she would adopt baby; Elizabeth
Stern was not infertile
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In the Matter of Baby M: 1988
Plaintiffs: William and Elizabeth Stern
Defendant: Mary Beth Whitehead
Plaintiffs' Claim: That Mary Beth Whitehead should surrender the
child she conceived via artificial insemination with William
Stern's sperm, in compliance with the terms of the "Surrogate
Parenting Agreement"
Verdict: Mary Beth Whitehead's parental rights were terminated
and Elizabeth Stern was granted the right to immediately
adopt William Stern's and Whitehead's daughter.
The New Jersey Supreme Court overturned this verdict in part
on February 2, 1988, when it restored Whitehead's parental
rights and invalidated Elizabeth Stern's adoption of Baby M,
but granted William Stern custody of the infant.
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What went wrong?
Mary Beth changed her mind
Mary Beth HAD bonded with the fetus/newborn
o after conceiving, gestating and giving birth to
Baby M, she felt like the baby’s mother
o she refused the $10,000 and refused to terminate
her maternal rights
New Jersey Supreme Court overturned lower court’s
ruling:
o surrogacy contract was invalidated; adoption was
annulled; Mary Beth’s parental rights were
restored
o William Stern awarded custody; Mary Beth had
significant visitation rights
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What have we learned
from the case of Baby M?
Who should be recognized as
Significance: 25 years ago;
This was the first widely
followed trial to wrestle with
the ethical questions raised
by "reproductive
technology."
the father of Baby M?
 Richard Whitehead: yes? no?
why?
 William Stern: yes? no? why?
Who should be recognized as
the mother of Baby M?
What does it mean to be a
 Mary Beth Whitehead: yes?
“mother” or “father”, or to no? why?
“parent” an infant?
 Elizabeth Stern: yes? no? why?
What do you think?
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More complex forms of surrogacy
Gestational mother has no
genetic link to child
 using ova and sperm of
contracting couple
 cycles of 2 women are
synchronized using
hormones
 ova fertilized using IVF
technology
 embryo(s) transferred to
surrogate
GESTATIONAL SURROGACY: 1
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• donor egg, father’s
sperm
• intended mother
has no ova; or
advanced maternal
age
• no female partner
• maternal genetic
concerns
• use IVF technology
• embryo transfer
GESTATIONAL SURROGACY: 2
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• contracting woman’s
egg, donor sperm
• poor sperm motility or
mobility; male
infertility
• paternal genetic
concerns
• IVF technology
• embryo transfer
• surrogate gestation
GESTATIONAL SURROGACY: 3
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 donor egg, donor
sperm
 genetic concerns for
both contractors
 desire for no
biological / genetic
link with offspring
 advanced parental
age
 IVF; ET; surrogate
gestation
GESTATIONAL SURROGACY: 4
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Application Fee $500
Consulting & Legal Expenses $15,000 – $20,000
Medical Expenses
$5,000 - $50,000
Advertising/Administrative Expenses
$5,000
Psychological Fees $1,600-2,000
Miscellaneous Surrogate Benefits $750 - $2,000
Surrogate's Fee $0 - $20,000
http://www.surrogatemothers.com/expense.html
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DAY & EVENING
1-888-SURROGATE
(317) 996-2000
[email protected]
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http://surrogatedonation.com/surrogates_catalog.shtml
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MomService
Surrogate
Catalogue:
http://surrogatedonation.com/surrogates_
catalog.shtml
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What are you paying for?
What should you expect
to get for your money?
For $100,000 . . .
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Typical Fees Paid to Surrogates
and Donors in the US
 compensation for gestation - $25,000
 egg donor - $5000
 support group attendance - $100/month
 maternity clothing - $600
 IVF attempt - $600
 insemination attempt - $250
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Other Costs
 health insurance, life insurance,
psychological counselling, child care, lost
wages, housekeeper, multiple pregnancy,
medications, court fees, legal fees, parental
relinquishment fee, step parent adoption,
paternity testing…
 total cost (in the US), with a surrogacy
agency, ranges from $27,000 to $120,000
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Would YOU engage in Surrogacy?
I would consider
being a gestational
surrogate if:



I would never be a
gestational surrogate
because:



I would consider using
a gestational
surrogate if:



I would never use a
gestational surrogate
because:



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What ethical concerns does
surrogacy raise in your mind?
Deontological issues
Utilitarian analysis
Autonomy
Beneficence
Non-maleficence
Virtue perspectives
Justice
Natural law concerns
Confidentiality
Feminist / care issues
Trust / truthfulness
Privacy
Parenting
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Australian couple abandons Down syndrome baby
from Thai surrogate
“Surrogacy Australia says it is shocked and outraged that an
Australian couple abandoned a baby in Thailand with his
surrogate mother after he was found to have Down syndrome
and a life-threatening heart condition.
“Pattaramon Chanbua has told the Australian Broadcasting
Corporation (ABC) she gave birth to twins after agreeing to be a
surrogate with a promised payment of about $16,000.”
http://www.cbc.ca/n
ews/world/australia
n-couple-abandonsdown-syndromebaby-from-thaisurrogate1.2726057 (video)
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Pattharamon Chanbua, who has
two other children, said the
couple had asked her to have an
abortion when she was told of
the baby boy's condition four
months after becoming pregnant.
“She said she refused, as it was against her
Buddhist beliefs. Abortion on the grounds of
foetal impairment is illegal in Thailand.”
 The contracting parents said “they were angry
that the surrogacy agency had not conducted
tests earlier because by the time they found out
about the baby's condition, it was too late in the
pregnancy to abort the foetus.
 “Had they known earlier, he said, they probably
would have terminated the pregnancy.”
http://www.bbc.com/news/world-asia-28732511
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SURROGACY & DISABILITY
When a surrogacy contract has been entered into, how
should parenting responsibilities be determined if the
expected infant is twins, is born with cerebral palsy, Down
syndrome or spina bifida?
1. The contract should be enforced so that the
contracting parents assume parenting responsibilities
for the infant/twins.
2. The contract should be written in a way that assigns
parenting responsibilities to the surrogate.
3. The pregnancy should be closely monitored so that a
handicapped fetus can be identified and aborted.
4. The contract should stipulate that parental
responsibilities may be refused in the case of a
handicapped infant.
5. We think that . . .
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Health Canada
www.hc-sc.gc.ca
Assisted Human
Reproduction Act:
Prohibitions related to surrogacy
 In Canada, it is a crime to pay (in cash, goods,
property or services), offer to pay or advertise to
pay a woman to be a surrogate mother.
The AHR Act does not:
 Prohibit surrogacy itself, as long as a surrogate
mother in Canada makes this decision for altruistic
reasons (i.e., without financial or other gain);
 Criminalize a woman who agrees to be or
becomes a surrogate mother. It is paying, offering
to pay or advertising that consideration will be
paid to a woman for surrogacy that is illegal.
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