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Definitions, manifestations, effects and laws pertaining to surrogacy

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What is a surrogacy? Surrogacy is “a person or thing acting as a substitute and a surrogate mother is a woman who by contract agrees to bear a child for someone else”. (Dr. D.S. Bhullar) The medical definition of surrogate mother is “a woman who becomes pregnant usually by artificial insemination or surgical implantation of fertilized egg for carrying a fetus to term for another woman” or “a surrogate mother is a woman who agrees to carry someone else’s baby”. (Dr. D.S. Bhullar), (pg.74) Recent articles have stated that there are certain women who can go through surrogacy, new laws and bills being drafted, other countries using surrogacy for their own personal agenda and of course, conflicts between surrogate mothers and intended parents. The people and laws are very concern about surrogacy, because not everyone is fine with how it looks from the outside. Surrogacy is a very sensitive topic that needs attention from everyone, due to how others treated it as anything other than a blessing to those who does not have a chance to produce their own offspring.

It is said that not every woman can go through surrogacy. Those women who can go through surrogacy are women who are between ages of 22 to 37 years old. Women who has two kids and 13 years of formal Education. Majority of these women are mostly Christian and raised as catholic. These women consider themselves as empathetic toward those who does not have the blessing in producing their own offspring. (Chittom, Lynn-nore Wagner, Geraldine)

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Ever since surrogacy existed since the ancient time, people have used it for two reasons with different purposes. One of them is family matter and the other is marketing. It is not something that no one expected. A lot of people does not understand how people would use surrogacy as family matter and it gets frown upon, especially when the government gets involves. There are other people who treat surrogacy as means of bringing in the goods, which is marketing or baby farm. Therefore, surrogacy causes more conflicts than good.

Why is surrogacy causes conflicts than good? Through research, it shows that more people and government look at it as marketing or baby farm, instead of family matter, which is a blessing to a family who doesn’t have the means of producing their own offspring. It is understandable for the government to step in when “marketing” of these sorts happens. It is not understandable really, especially when Sarah and Abraham (in Genesis, old testament) perform this step since Sarah was infertile. (Judith Areen) The royalties and dynasties years ago used this method to ensure they have a legitimate heir for their thrown. There were no conflicts then, but why now? The only answer to that is, people would do anything to get their hands on some cash.

China does not allow more than one child, due to their population. So, Chinese consider America for surrogacy. This way, the child will be an American citizen and the intended parents will be eligible to apply for green cards once the child reaches the age of twenty-one. This reasoning and play part of the intended parents left the US immigration in debate. (Chittom, Lynn-nore Wagner, Geraldine)

When India legalized surrogacy in 2002, foreigners went all the way to India for surrogacy. That was when another case, Baby Manji Yamada, like Baby M (Jennifer Damelio and Kelly Sorensen) took place. The intended father mixed his sperm with an anonymous Indian woman (Commercial Surrogacy) to have the child. However, the law in India did not cover whose child the baby Manji was. The intended parents got divorced, the law didn’t know who the child’s parents and the only solution they came up with was for the grandparent to take Baby Manji in.

There was still some petition about child trafficking by abusing the surrogacy law and use it for money. In 2016, Health Ministry passed on a new surrogacy regulation bill to control how the surrogacy would proceed in good manner, in which it will control people from misusing this method for their own agenda, to include any child that was born out of surrogacy. (Dr. D.S. Bhullar)

It was necessary for the government to be involved in surrogacy law, however, to put some control in it, countries should ban their citizens from getting surrogate from other countries. Surrogacy should only be allowed within family since, it is a family matter. If there are no other family members, then a closest friend should be fine. On the other hand, why not adopt children that are up for adoption.

Those children were abandon by their own parents. They are the ones who needs attention. This children that were going from home to home, living with foster parents that most of them only care for these children because they get paid to do so. Adopting children that were abandon by their own flesh is a blessing to them and the intended parents. If it comes to carry on the bloodlines and legacy, then use a family member or a friend.

Surrogacy is a blessing to those who would use it as a blessing. Surrogacy existed for so many years. As the day get older, the people get greedier and use this blessing method for their own gain without a second thought of about the child. To get this improve in a manner that is legal, it is best to perform this method within own country and within family, so it will not raise too many concerns between the public, laws, surrogate mother, who is a stranger and intended parent.

By not understanding surrogacy, it will lead to more conflicts and children will end up in difficult situation. This should be looked over, thoroughly and come up with the best guidelines for new surrogacy (regulations) bill. Not only for the children that suffers, but it also effects the surrogate mothers and intended family. Surrogate mothers would struggle, of course, however they signed a contract. They should already know what they must do and no turning back, if that exists in this new regulation. Then there are the intended parents. Intended parents went through great length to get an offspring. They are well prepared and planned everything from the beginning for this child.

However, what if something happened after wards, such as divorce or death. What will happen to the child? The regulation needs to have something that will protect the child, if anything like this happens. In conclusion to this, the country should come up with a new Bill that covers both laws and the children that was born through surrogacy. After this regulation takes place, people will see the huge difference between using surrogacy as marketing and family matters. It will be easier for the government and its law to figure out who are using surrogacy for their personal agenda and those who are hoping for an addition to their family.


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