At the heart of surrogacy lies the definition of surrogacy: a woman’s voluntary agreement and willingness to assist someone else in building a family. Thus, any instances purported to be surrogacy, characterized as such, or labeled as surrogacy must unequivocally demonstrate the woman’s genuine consent. Otherwise, they should not be classified as surrogacy.
While the distinction may seem minor, its practical implications are significant. Without verifiable proof of a woman’s voluntary agreement in a surrogacy arrangement, concerns arise about potential inducement, coercion, or forced pregnancy. In such cases, the arrangement cannot be considered surrogacy.
As professionals in this field, we must use the correct definition of surrogacy and address and report any concerns regarding the absence of a voluntary agreement in surrogacy arrangements. We must assertively conclude that such situations do not align with surrogacy principles and take appropriate action.
Forced Labor
Consider the case of Y.L. in 2017, who was brought to the US under pretenses by Clark. Y.L. was coerced into believing she was to be Clark’s surrogate and promised $4,000. Tragically, she endured two years of captivity in a cramped Florida apartment, where Clark repeatedly inseminated her with her boyfriend’s sperm. Y.L. was subjected to forced labor, surviving on minimal food and enduring significant weight loss. Clark eventually pleaded guilty to charges of forced labor, yet this harrowing ordeal was erroneously labeled as a surrogacy case. It is evident that Y.L. did not consent to this treatment or the ongoing inseminations, but rather was held captive by Clark. Given the absence of voluntary consent, this does not fit the definition of surrogacy and should rightfully be classified as forced labor. Unfortunately, the news portrayed this incident as an example of what occurs when surrogacy is permitted to proceed.
It is not Surrogacy
We must resolve these issues to uphold trust and integrity in this field. Opponents of surrogacy argue that it can coerce financially disadvantaged women into carrying babies for the wealthy. We must vigilantly protect the rights and well-being of all involved. Ultimately, if a woman is coerced into a pregnancy, it harms her and affects us all, and such situations cannot rightly be called surrogacy.
Woman’s Rights
Some opponents argue that surrogacy exploits women and that they require protection from such exploitation. The argument that women cannot knowingly or intelligently agree to gestate and deliver a baby for intending parents carries worrying overtones. This reasoning has obstructed women from attaining equal economic rights and status under the law. It is essential to acknowledge that every woman has the right to decide about surrogacy for themselves, as long as she is not coerced. This principle applies to all women, not just those who are poor or less educated.
Voluntary Consent
Since voluntary consent is crucial, every surrogacy relationship needs to demonstrate that the arrangement is genuinely voluntary. Establishing this fundamental element safeguards the surrogacy process’s integrity and upholds all women’s autonomy and agency. To ensure surrogates have willingly agreed to participate, several steps can be taken, including:
Mental Health Professional
The agency or the intended parent must ensure that the surrogate undergoes a private psychological evaluation. A licensed mental health professional should provide proof of this meeting and assessment through a letter.
Independent Legal Representation
She is represented by an independent legal counsel who is not employed or related by family to the agency or intended parent. The independent attorney must provide a legal clearance letter confirming that they conducted the consultation in her native language. This letter serves as sufficient evidence that she received independent legal advice.
Contracts
The surrogate must sign the legal Agreement after a consultation with an independent legal counsel. Contracts must be offered to the surrogate in her native language. If she cannot read, the contract needs to be read to her, and the session should be visually recorded as proof that she was given all the time she needed to understand the agreement and to ask questions that were fully answered. In addition, the contract should clearly state that the parties intend that the intended parents will be the sole parents of the child, and their names will be entered on the birth certificate.
Terminate Contract
The legal agreement must contain a clause stating that the surrogate can change her mind about participating at any time before the embryo transfer at no cost to herself and her family.
Ongoing Counseling
The surrogate must have access to a mental health professional, at no cost to herself, at any time during the pregnancy and for at least six months post-delivery.
Compensation
The Surrogate must be guaranteed her compensation and reimbursements. No deductions can be taken by the agency, professional, or person. Said compensation must be paid out over the term of the pregnancy and not a lump sum upon birth.
Free from Burdens
Furthermore, professionals involved in third-party reproduction must safeguard against exploitation. Such exploitation could adversely affect the well-being of future children born through surrogacy, potentially causing them to face embarrassment, negative labeling, teasing, or demeaning treatment. As individuals who have contributed to bringing these children into the world, we must ensure they grow free from such burdens, fostering an environment of acceptance and understanding.
Let’s lose the word “use”
The significance of terminology in any professional field must be considered, particularly in surrogacy. The word ‘use’ should be avoided, as it implies an imbalance of power or leverage between the parties, which is inaccurate and inappropriate in surrogacy.
For instance, instead of saying ‘The intended parents used a surrogate to start their family. Instead, we could say: ‘The intended parents were helped by a surrogate in building their family.’ This shift in language emphasizes the collaborative nature of surrogacy journeys and honors the meaningful relationships formed within the surrogacy community.
Likewise, just as doctors and nurses assist their patients, surrogates take pride in supporting their intended parents in creating a family. This commitment is evident in the statistic that nearly 80% of surrogates choose to embark on a second journey to help either the same or different intended parents after successfully delivering their first surrogate baby.
Ethical Surrogacy Works
When practiced according to the correct definition of surrogacy, it has demonstrated its capacity to bring positive outcomes for all parties involved.
Author: Karen Synesiou, Infertility Portal, Inc.
