Surrogacy, in layman’s terms, is the use of a woman’s womb to carry and birth a baby for couples or individuals who want to have a child- and can’t have one on their own. There are two types of surrogacy in these modern times, traditional- where the surrogate mother and the biological father are the genetic parents of the child or gestational where the surrogate mother has no genetic relation to the child.(Patel et al., 2018) In some western countries like the United States, surrogacy has been a somewhat normalized alternative to traditional reproduction- on a global scale- as with most things- legality, social acceptance, and ethics surrounding surrogacy vary greatly. Most ethical arguments for surrogacy focus on either surrogates that donate their wombs out of generosity, or the agencies created to vet surrogates for prospective parents and assist with any potential legal issues; arguments against surrogacy are critical of the vast discrepancies in the practice and how certain communities and populations get exploited and human trafficking concerns.(Márquez, 2017)
Humans, like most other animals, have an innate drive to pass on their genetic material- to reproduce. While not driven as instinctually as lesser creatures, the need for family and creating one's own is one shared by many; inability to reproduce whether through physical health circumstances or biological impossibility- as with same sex parents or single parents, do not negate that same need that can be felt. Previous arguments over the quality of life of children raised in same sex parents or intentional single parent homes have been refuted by studies stating that children raised in these have no significant delay to psycho-social development. (Pereira, 2022)
Historically, surrogacy parenting whether consensual or not, was seen as an act of generosity or for the benefit of the receiving family. In the present day, such acts of benevolence continue to this day with friends, neighbors, strangers, and relatives carrying pregnancies without financial expectations except directly for antenatal care. There are grandmothers bearing their grandchildren that have become popular on social media for sharing their ultra unorthodox method of assisting with the expansion of their families. Altruistic surrogacy, driven by compassion and sometimes faith, is an act of service to intended parents.
Surrogacy is the union of science, society, services and person that make it a reality. Surrogacy leads to a win-win situation for both the infertile couple and the surrogate mother. The infertile couple is able to fulfill their most important desire, and the surrogate mother receives the suitable reward. (Sharma, 2014)
With surrogacy growing steadily as a commercial industry, both intended parents and potential surrogates see it as an opportunity to ensure either income or parenthood using capital. Some agencies, companies, dealers etc need women who have already had at least one successful, uncomplicated birth prior to qualifying for surrogacy- or to be vetted for surrogacy; these requirements almost entirely encompass women with their own children, hence, their own families.(Brandão & Garrido, 2022) The other aspects outside of age, mental and physical health status etc varies greatly depending on where the intended parents and gestational carrier (surrogate mom) live; California has laws codified in place regarding surrogacy situations such as guaranteed legal parenthood to intended parents etc while carriers in other countries have to deal with shady IVF facilities.(Sharma, 2014) The supplemental income and/or promised compensation at the end of the pregnancy provides poor women with stable income for most of the year to support their families, allowing them the ability to increase their quality of life. Surrogacy as a means of moving up a social class or one’s socioeconomic situation, is what makes this an industry- the raw material being the embryo and the product is the child to be.
Some arguments for surrogacy that is transactional, state that legalization and commercialization of this practice are what makes it safer and more ethical than in the past. Legalese has provided more structure and security in some states to clearly define parenthood, custody, and rights of all parties involved before, during and after the pregnancy. New laws passed in countries, often used for cross-border surrogacy, have been passed to protect mothers from being abandoned by intended parents at the end of their pregnancies. (Shenfield et al., 2025)
While those who are for surrogacy sometimes claim it is an act of consideration and kindness, and that any funds paid are only to pay for the pregnancy related expenses- are not acknowledging that reality of the industry. The majority of carriers undergo this process for the compensation, mostly people with dependent families. (Brandão & Garrido, 2022) These women rent their wombs not out of charity, but out of need to support themselves and their loved ones, leaving them susceptible to being exploited during this process. Just as with companies that outsource work to other countries to avoid the United States’ worker’s rights protection and minimum wages, intended parents or predatory agencies on their behalf seek potential carriers from countries that are hot spots for shady dealings-reproductive tourism- with women and children with the intentions of paying as little as possible for a baby.(Shenfield et al., 2025)
The same arguments as to why an individual isn’t allowed to sell their kidney or donate their kidney via contract for money, could apply to surrogacy as well- high risks of victimization, exploitation, health risk (minor outside of normal physical and mental dangers to the body during pregnancy) etc. The donation of blood and sperm is heavily regulated around the globe; while sperm donation is a privatized commercial industry in the field of alternative reproduction- men are not put at risk for exploitation, being victimized nor any negative impacts on their overall health (outside of social stigma). (Pennings, 2021)
Also, there has been an increasing concern about the statuses these children will hold, particularly in regard to citizenship and legal status. Countries that outlaw surrogacy could prosecute the parents or reject the child’s citizenship; some countries have blood versus birth citizenships, which could affect children that have no genetic link to their intended parents or share genetic material with their surrogate mother, and an intended father.
There are a number of possible explanations for the lower attribution of motherhood to the egg donor. First, motherhood is more identified with caring and nurturing and less with the genetic link. Second, the recipient of the donor egg carries the child and gives birth to the child. Both elements help to attribute motherhood to her rather than to the egg donor. This idea may also explain why the identities of egg donors is fairly common while known sperm donation is rare. (Pennings, 2021)
Until issues like attributional fatherhood influencing citizenship decision, among other issues regarding intended parents breaking the laws of their home countries to pursue surrogacy without certain guarantees for their child to be- surrogacy can’t be considered truly safe. Many countries view cross border surrogacy as baby buying or a form of human trafficking, and these parents can’t take care of their new babies from jail.
I am mostly against surrogacy that is not altruistic in nature simply because of the societal implications of seeing fertile women as a means to an end, or an industry tool. Renting women’s organs to fulfill the wishes of wealthy people that want their own biological children doesn’t sit well in a post-colonial, post feudal era. All other organs and bodily tissues are heavily regulated in terms of how they can be donated to help others, except female specific organs like their eggs and uterus. The fact that egg donation and surrogacy are multimillion dollar privatized industries that seem to prey on women on behalf of the intended parents says something about capitalism and how anything, including women, can be commodified. I am not totally against it though due to the existence of volunteer donors and agencies that go out of their way to ensure the safety, privacy and rights of all parties are maintained. I’d also lean away from any social taboo-esque arguments against surrogate motherhood simply due to them holding no substance; at the end of the day these women have to eat and who am I to tell her not to take advantage of an opportunity to do so. As the world becomes more globalized and connected, I hope to see more universality in policy and protections put in place not only for the consenting adults but the nonconsenting life being brought into this world via these contracts; ensuring these children are guaranteed safe homes, legal status and protection is- to me, the most important part of surrogacy as an ethical alternative family planning process.
References
Brandão, P., & Garrido, N. (2022, December). Commercial surrogacy: An overview. Revista brasileira de ginecologia e obstetricia : revista da Federacao Brasileira das Sociedades de Ginecologia e Obstetricia. https://pmc.ncbi.nlm.nih.gov/articles/PMC9800153/#JR220156-55
Márquez, M. M. A. (2017, August 3). La Explotación reproductiva de mujeres y el mito de la subrogación altruista: Una Mirada Global Al Fenómeno de la Gestación Por Sustitución. Dialnet. https://dialnet.unirioja.es/servlet/articulo?codigo=6059683
Patel, N. H., Jadeja, Y. D., Bhadarka, H. K., Patel, M. N., Patel, N. H., & Sodagar, N. R. (2018). Insight into different aspects of surrogacy practices. Journal of human reproductive sciences. https://pmc.ncbi.nlm.nih.gov/articles/PMC6262674/
Pennings, G. (2021). The dangers of being a sperm donor. Reproductive BioMedicine Online, 43(5), 771–774. https://doi.org/10.1016/j.rbmo.2021.08.013
Pereira, H. (2022, October 28). Children of single fathers created by surrogacy: Psychosocial Adjustment Considerations and implications for research and Practice. Children (Basel, Switzerland). https://pmc.ncbi.nlm.nih.gov/articles/PMC9688871/
Producer, R. (2024, October 15). Wombs for rent: The legalization of commercial surrogacy. Radio Health Journal. https://radiohealthjournal.org/wombs-for-rent-legalization-of-commercial-surrogacy/
Sharma, R. S. (2014, November). Social, ethical, medical & Legal Aspects of surrogacy: An Indian scenario. The Indian journal of medical research. https://pmc.ncbi.nlm.nih.gov/articles/PMC4345743/
Shenfield, F., Tarlatzis, B., Baccino, G., Bounartzi, T., Frith, L., Pennings, G., Provoost, V., Vermeulen, N., & Mertes, H. (2025). Ethical considerations on surrogacy. Human Reproduction. https://doi.org/10.1093/humrep/deaf006
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