Surrogacy gives infertile couples the opportunity to have children, but it also raises ethical issues about the use of surrogates as reproductive tools. Countries have taken different stances on this from a bioethical perspective, and opinions are still divided.
Many people want to have children who carry their own genes, and while a man’s sperm and a woman’s egg are needed to create a child, it’s not just about the sperm and egg. You also need a uterus, the place where the sperm and egg meet, fertilize, and receive nutrients and oxygen before becoming a life. There are many reasons why women are unable to conceive, and in some cases, surrogacy can be a solution. A surrogate mother is a third-party woman who carries a child for another woman, and the term “surrogacy” was first used in 1978 in a Time magazine article about a woman who carried a child for a couple who wanted to have children. Around the world, some countries allow surrogacy, while others prohibit it. And even in countries that allow surrogacy, the conditions vary from country to country. These differences are due to the different bioethical values of different countries. In this article, we’ll look at surrogacy from a bioethical perspective.
Surrogacy didn“t come into existence on its own; it”s an institution that was created by someone”s need. This need stems from couples who are unable to conceive for various reasons and are desperate to have children. In general, surrogacy is when a woman who is unable to conceive with her own uterus due to uterine dysfunction, such as adhesions or hysterectomy, borrows a third woman’s uterus to become pregnant. In this case, the husband’s sperm and the wife’s eggs are normal, but the wife’s uterus is abnormal and infertile. This type of surrogacy is the most common, but in some cases, a third party’s sperm is used instead of the husband’s sperm, and the surrogate’s eggs are used instead of the wife’s eggs. The surrogate’s eggs and the husband’s sperm are called genetic surrogacy, and the in vitro fertilized embryo implanted in the surrogate’s uterus is called gestational surrogacy. In gestational surrogacy, the couple decides on the genetic characteristics of the child, and the surrogate mother merely carries the child to term. This process can result in a child who inherits the genes of both the husband and wife, but it raises the ethical issue that the surrogate mother may be used as a tool to produce a child.
Both genetic surrogacy and gestational surrogacy are divided into commercial surrogacy and altruistic surrogacy depending on the purpose. In commercial surrogacy, surrogate mothers are compensated for providing eggs or carrying a fetus. Altruistic surrogacy, on the other hand, involves egg donation or gestation as a donation. Some countries, such as Australia, Canada, New Zealand, Sweden, and Italy, have banned commercial surrogacy, and commercial surrogacy is perceived negatively. Altruistic surrogacy is less stigmatized because the surrogate does not receive any money other than the costs of the pregnancy and birth, but this is very rare. Germany and France have banned surrogacy per se, while some states in the UK and Australia allow non-commercial surrogacy, and Israel allows surrogacy outright.
In Korea, there is currently no law that explicitly regulates surrogacy. Article 23(3) of the Bioethics and Safety Act states that “no person shall provide or use embryos, eggs, or sperm, or induce or arrange for the provision or use of embryos, eggs, or sperm in exchange for money, property, or other consideration,” but this does not apply to surrogacy contracts. Because there is no law governing surrogacy, surrogacy contracts are governed by the general principles of contract under the Civil Code, which means that under Article 103 of the Civil Code, surrogacy is considered an “unethical contract to buy a person for money to carry a pregnancy and give birth to a child on his behalf” and is void. In addition, since there is no direct law, the issue of parental rights to the child born by a surrogate mother is still a subject of controversy.
Although Korea has had a system of ‘seed-bearing’ in the past, and there are similar references to surrogacy in the Old Testament book of Genesis, it is only relatively recently that the ethical issue of surrogacy has come to the fore. The arguments for and against surrogacy are many and varied, so here we’ll look at the traditional arguments for and against. Traditionally, opponents of surrogacy argue that surrogacy is used as a reproductive tool, and that it undermines the relationship between mother and child, as the woman is carrying a baby with the intention of giving it up. Some argue that surrogates are paid to give birth, which is tantamount to baby trafficking. On the other hand, proponents of surrogacy see it as providing a reproductive service, just as one might provide knowledge or physical labor to another. They see surrogacy as a new form of “cooperative reproduction” and argue that it is morally reprehensible, just as adoption and stepparenting are not reprehensible.
I am in favor of surrogacy for the following reasons. First, surrogacy can be a viable alternative to infertility. Raising children brings great happiness to a couple’s life, and for couples who are unable to enjoy that happiness due to infertility, surrogacy can be a good solution. Second, surrogacy is no different ethically than donor insemination, adoption, nannying, and other widely accepted practices. Surrogacy can be seen as a new form of reproduction that has emerged in society. Third, the principle of freedom of contract allows surrogacy to be respected as a contract. The principle of freedom of contract means that each person is free to enter into a contract and honor its consequences as long as it does not violate the law. Whether it’s a commercial or altruistic surrogacy, surrogacy can be the only hope for infertile couples who want children. While allowing surrogacy can have side effects, they can be mitigated with the right laws in place.
Surrogacy was originally started with the good intention of giving infertile couples a chance to have children. However, the process raises a number of ethical issues that still divide people for and against it. While some see surrogacy as a commodification of women’s fertility, others see it as a way to help couples have children. In Korea, one in seven couples suffer from infertility, and the rate of infertility in both men and women is increasing every year due to stress and environmental factors. Given this situation, the need for surrogacy is expected to grow even more. As technology advances and artificial wombs are developed that allow fertilized embryos to grow outside of the womb, the ethical issues surrounding surrogacy will be lessened, but until then, the debate will continue. The important thing is to remember the dignity of life, no matter what point of view you choose.
