Debating Surrogacy

Surrogacy is the commissioning of a woman to gestate and give birth to a child for another would-be parent. The practice raises several ethical questions, such as the commodification of the surrogate and of the baby, and the exploitation of the surrogate, issues which have been extensively debated. This book offers a fresh take on surrogacy, by concentrating on questions which bear on its justifiability: Is providing gestational services a permissible way of employing a woman’s body? Indeed, is it a legitimate form of work? Are the children born out of surrogacy in any way wronged by surrogacy agreements?

In the first part of the book, Christine Straehle proposes an account of surrogacy work as legitimate work for women, as a way to realize certain goals in women’s lives through the fruit of their labour. She defends a right to become a surrogate as necessary to protect women’s autonomy. Anca Gheaus criticises surrogacy by arguing that it always wrongs children–whether or not it also harms them–by disrespecting them; therefore, gestational services are impermissible. In the second part, Straehle responds to Gheaus, questioning that children are wronged by the practice of surrogacy. Instead, she defends an intentional model of parental rights, which indicates that having a child through surrogacy should count as a ground to assign parental rights. In her response, Gheaus objects that Straehle’s view fails to properly account for the interests of either surrogates or children. However, she accepts that women may gestate without the intention to have custody over the newborn, and is therefore open to some kind of post-surrogacy practice that would radically depart, in the allocation of legal parenthood, from any historical or currently proposed form of surrogacy.