Most of these problems can be solved by treating the woman for her relevant condition but there are just a couple that can’t be overcome without the help of a third party. If the woman’s problem is endometriosis then there is a possibility of controlling the problem long enough for her to conceive and carry the pregnancy to term, however 30 –40% of sufferers will remain infertile. The Columbia Electronic Encyclopaedia online (2003.), these couples join the ranks of those needing outside help. An abnormally shaped uterus, often called T –shaped, or a cervix which is hostile to sperm are just two of the conditions that add to the list that IVF cannot be used to help and these are examples of the occasions when surrogacy can be the only answer.
There are two types of surrogacy, gestational, when the egg from the ‘mother’ is fertilised by the sperm from the ‘father’ and the resulting embryo implanted in the surrogate’s womb and non-gestational where the surrogate is artificially inseminated with the ‘father’s’ sperm. The latter is more fraught with emotions as the surrogate has to hand over a child which is genetically half hers rather than just one which she has nurtured for nine months and, should she decide she wants to keep the baby, would give her more legal standing should the issue go to court. In the highly publicised Baby M case (1986-1988), Mary Beth Whitehead, the surrogate and biological mother, sued William and Elizabeth Stern, the baby’s father and his wife, for custody of the child. Although the surrogate mother was not awarded custody in this case, she was granted visitation rights. The Columbia Electronic Encyclopaedia online (2003).
Surrogacy is legal in this country but payment of a fee is not, keeping the moral high ground on not buying and selling babies whilst allowing couples to accept help from friends and family. The law says that you can meet any reasonable expenses incurred by the surrogate but not allow her to make a profit on the arrangement. This only becomes a problem when the surrogate has to take unpaid time off from work and the couple don’t want her to be financially out of pocket.
In conclusion, the point of laws is to ensure that a woman cannot set up a ‘business’ producing and retailing babies and this has to remain for Britain not to become a country that trades in human life. On the other hand should a woman who is otherwise physically capable and emotionally devoted to becoming a loving mother, be prevented from doing so by the cruel twist of fate that her womb is not perfect?
References:
The Columbia Electronic Encyclopaedia online available at (accessed 25th May 2003).
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