Surrogacy
A third issue that is being discussed is that of surrogacy. Commercial surrogacy remains a criminal act in the proposed revisions, in recognition, perhaps, of the commodification of women and the maternal bond and responsibilities that surrogacy implies. However, it is proposed that it will be at the minister’s discretion to regulate ‘altruistic surrogacy’ through a legal notice. Opening up the door to surrogacy, and the difficulties in ascertaining where this is truly altruistic, is a very big step and insufficient thought and debate appear to have gone into this proposal. Issues around psychological ramifications of such a procedure are to be placed on the agenda rather than choosing to view the ‘surrogate’ as being void of personhood or feeling.
Dr Miriam Sciberras says that the law states that “surrogacy, also known as altruistic surrogacy, between friends could be anyone. This law gives all the options of surrogacy even to two gay men. Both the donors of the sperm and ovum can be donated to be carried by someone else. This leads to an identity crisis for the child.”
The TMI editorial on the other hand notes: “There are arguments both for and against surrogacy. In some of the cited examples, it might make sense, especially in cases where a woman might not be able to carry a child in her own womb. But some other examples are so highly convoluted that one might ask why these prospective parents do not opt to adopt a child instead. Which also begs the question: should the state not make it easier and more affordable to adopt?” Where does all of this leave us? He believes that there are ten points for reflection on this proposed bill - a bill that expedites the creation of a surplus of embryos, that facilitates the freezing of embryos, that enables IVF through donor gametes and that enables the de-criminalization of noncommercial surrogacy. we should. The advancement of science that supports the creation of life is an amazing source of hope for many such couples and merits full support through legislation and resources. However, all such support for the creation of life cannot be done at the expense of dispensing some other life.