Surrogacy and Reproductive Rights: Ethical and Legal Challenges & Fertility Treatments

Surrogacy and assisted reproductive technologies (ART) provide new opportunities for individuals and couples who cannot conceive naturally, but they raise significant ethical and legal concerns. Surrogacy can be categorized into two types: traditional surrogacy, where the surrogate is biologically related to the child, and gestational surrogacy, where the surrogate has no genetic link to the child. Ethical issues include the potential exploitation of surrogate mothers, especially those from economically disadvantaged backgrounds, and the emotional and psychological impact on all parties involved.

Legally, surrogacy laws vary widely across the world, with some countries regulating the practice and others banning it outright. International surrogacy adds complexity, particularly when intended parents face legal challenges bringing a child born through surrogacy in one country to another where surrogacy may be illegal. Legal disputes can also arise over parental rights and surrogacy contracts.

Beyond surrogacy, ART, including IVF and sperm and egg donation, has commercialized reproduction. This commercialization raises ethical concerns about inequality and exploitation. Questions about donor anonymity and the rights of children born through ART also emerge, highlighting the need for thoughtful policies that protect the rights and well-being of all involved.