Challenges for the Surrogacy OmbudsPerson

 

The first question the office will address is whether there is a future for commercial surrogacy in its present configurations? It seems that in Europe the ship of Surrogacy is sinking, torpedoed by misbehaving Surrogacy companies. We aim to save the industry.

 

Apart from mediating disputes in the current landscape, the Surrogacy Ombudsperson must walk a tightrope between many complex topics, that have various perspectives and potential issues associated with them. The Ombudsperson needs, through advising and consultation with Governments, to assist in establishing clear legal frameworks, ensuring proper regulation and oversight, and promoting ethical practices that prioritize the well-being of all parties involved. The main topics the office expects to be involved with are :


1. Ethical Concerns: There are many ethical dilemmas with Surrogacy. Particularly that surrogacy commodifies women's bodies, turning pregnancy into a service for those who can afford it. There is exploitation, particularly of economically disadvantaged women who may choose surrogacy out of financial need.
2. Exploitation and Inequality: The risk that surrogate mothers may not have adequate legal protection or may be coerced into agreements that they don't fully understand, leads to concerns about exploitation and the perpetuation of existing inequalities.
3. Legal Complexities: Surrogacy laws vary widely around the world and this can create a legal minefield for intended parents, surrogate mothers, and children born via surrogacy, leading to uncertainties about parental rights, citizenship, and the legal status of the child.
4. Health Risks: Pregnancy and childbirth always carry some degree of risk, and surrogates may face complications that could affect their health. There are also concerns about the medical procedures involved in assisted reproductive technologies, such as in vitro fertilization (IVF), which is often used in surrogacy arrangements.
5. Financial Considerations: Surrogacy is expensive, and the costs involved can create disparities in access. This leads to concerns about the commercialization of reproduction, where only those with significant financial resources can afford to pursue surrogacy.
6. Legal Recognition: Legal recognition of surrogacy and the parental rights of all parties involved can vary, leading to potential difficulties in obtaining legal recognition for the child.


 

A challenging road ahead

One of our primary focus of support will be to take action in cases of scams and unethical practices in the surrogacy industry. Some most prevalent issues are:

1. Financial Fraud: Intended parents may be asked to pay large sums of money upfront for surrogacy services, but the services may not be provided as promised. This can include fees for medical procedures, legal services, and surrogate compensation.
2. False Promises: Providers may make false promises about the likelihood of success, the quality of surrogate candidates, or the legal protections in place. This can lead intended parents to enter into agreements under false pretenses.
3. Substandard Medical Care: In some cases, intended parents may be misled about the quality of medical care provided to the surrogate and the unborn child. This can result in health risks for both the surrogate and the child.
4. Exploitation of Surrogates: Surrogates may be exploited through low compensation, inadequate healthcare, or coercive contracts. In some cases, surrogates may not fully understand the risks involved or may be pressured into agreements against their best interests.
5. Abandonment: There have been instances where intended parents abandon the surrogacy process, leaving the surrogate financially and emotionally vulnerable, especially if she is already pregnant.