Ethics of Surrogacy and Third-Party Reproduction

Ethics of Surrogacy and Third-Party Reproduction

Ethics of Surrogacy and Third-Party Reproduction

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Definitions & Types - Womb Wonders

  • Surrogacy: An arrangement where a woman (surrogate mother) agrees to carry and deliver a child for another person or couple (intended parents/IPs).
  • Third-Party Reproduction (TPR): Involves individuals other than the IPs to help conceive. Includes gamete donation (sperm, egg), embryo donation, and surrogacy.
  • Types of Surrogacy:
    • Traditional Surrogacy: Surrogate’s egg is fertilized (usually by IP’s sperm). Surrogate is genetically related to the child.
    • Gestational Surrogacy (GS): Embryo (created using IPs' or donor gametes) is implanted in the surrogate. Surrogate has no genetic link to the child.
      • Altruistic Surrogacy: Surrogate receives no financial compensation beyond reimbursement for medical and other reasonable expenses.
      • Commercial Surrogacy: Surrogate is paid a fee for carrying the pregnancy. (Largely restricted/banned in India).

⭐ India's Surrogacy (Regulation) Act, 2021 permits only altruistic gestational surrogacy for eligible Indian couples, with strict criteria for both IPs and surrogate mothers. Commercial surrogacy is prohibited.

Ethical Dilemmas in Surrogacy - Moral Maze

  • Autonomy Clash: Surrogate's bodily integrity vs. IPs' procreative rights.
  • Informed Consent: Comprehensive (physical, psychological, social risks) for surrogate.
  • Exploitation: Financial/emotional coercion risk, especially for vulnerable women.
  • Child's Best Interests: Paramount; includes identity, parentage clarity.
  • Commodification: Ethical concerns: child as product, womb as service.
  • Legal Maze: Parentage, rights, responsibilities post-birth.

⭐ India's Surrogacy (Regulation) Act, 2021, permits only altruistic surrogacy, banning commercial surrogacy to prevent exploitation.

  • Surrogacy (Regulation) Act, 2021:
    • Altruistic surrogacy only; commercial banned.
    • Intending Couple: Indian, married ≥5 yrs; F 23-50, M 26-55 yrs; proven infertility.
    • Surrogate: Close relative, married, own child, 25-35 yrs, once; medically/psychologically fit.
    • Parental order by Magistrate Court.
    • Mandatory insurance for surrogate (36 months).
  • Assisted Reproductive Technology (Regulation) Act, 2021 (ART Act):
    • Regulates ART clinics/banks; National/State ART & Surrogacy Boards.
    • ART-born child rights protected (deemed biological).
    • Written informed consent; donor anonymity.
    • Sex selection prohibited.

⭐ Commercial surrogacy: punishable up to 10 yrs jail & ₹10 lakhs fine.

Ethics of Gamete/Embryo Donation - Seed & Soil Saga

  • Informed Consent: Essential for donors & recipients; covers procedures, risks, rights.
  • Anonymity vs. Disclosure: Balancing donor privacy with DCI's right to know. Regulated anonymity common.
  • Donor Screening: Mandatory for genetic issues, STIs (HIV, HBV, HCV) for safety.
  • Psychological Counseling: Recommended for all parties; addresses emotional/social aspects.
  • Donation Limits: Caps on offspring per donor (ICMR) to prevent consanguinity.
  • Commercialization: Altruistic donation preferred; sale of gametes/embryos restricted.
  • Embryo Donation: Ethical handling of surplus embryos: donation, research, or discard (consent vital).
  • "Seed & Soil": "Seed" (gamete/embryo) ethics: donor choice, genetic health. "Soil" (recipient) ethics: maternal well-being, psychosocial stability.

⭐ ART (Regulation) Act, 2021, mandates donor screening for communicable diseases and relevant genetic disorders.

High‑Yield Points - ⚡ Biggest Takeaways

  • Surrogacy Regulation Act (India): Permits only altruistic surrogacy for infertile Indian couples (married 5 years).
  • Commercial surrogacy is banned.
  • Intending couple needs Certificate of Essentiality & Eligibility.
  • Surrogate: Close relative, married, own child, 25-35 years, once a lifetime.
  • Child: Legal rights as biological child of intending couple.
  • ART Regulation Act, 2021: Governs ART clinics/banks, promotes ethical practice.
  • Informed consent: Mandatory for all parties (surrogate, couple, donors).

Practice Questions: Ethics of Surrogacy and Third-Party Reproduction

Test your understanding with these related questions

Which of the following is the least invasive assisted reproductive technique?

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Flashcards: Ethics of Surrogacy and Third-Party Reproduction

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What are the components of the antenatal combined test (first-trimester screening)?_____

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What are the components of the antenatal combined test (first-trimester screening)?_____

PAPPA + hCG + nuchal translucency

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