Ethical Issues of Surrogacy and Tourism for Surrogacy

Abstract

"Surrogacy is seen as a method of assisted reproductive technology (ART) and it means that a woman gets pregnant and gives birth to a baby on behalf of others under an arrangement. This woman is called a surrogate mother. She may not have any genetic connection or she may be a genetic mother of the baby (if she is going to donate her egg). After birth, the baby is usually transferred to the person who commissioned the pregnancy. The situation of regulating the practice of surrogacy is different among countries. They can be divided into three categories. The first one includes the countries which prohibit any types of surrogacy by formal laws. For example, in Switzerland, surrogacy is banned under the Constitution (Article 119). Other European countries, such as Germany,1 Austria,2 and Italy3 have the laws to prohibit any type of surrogacy. In France, any arrangements of surrogacy, whether commercial or altruistic, are illegal and unlawful."