10 Lessons I Have Learnt About Surrogacy Since 1988 (Lesson 2)

In this edition of the Australia Family & Fertility Law Podcast, Award Winning Surrogacy Lawyer, Stephen Page discusses lesson 2 of the 10 Surrogacy Lessons he has learnt since 1988.

Introduction

Surrogacy can be a complex and emotionally charged journey for all parties involved. One pivotal aspect that often gets overlooked is the necessity of regulation in both surrogacy and IVF clinics. This regulation is crucial for protecting the rights and well-being of everyone involved, including surrogates, intended parents, donors, and most importantly, the children born through these arrangements.

The Need for Regulation
The absence of proper regulation can lead to significant human rights issues. Surrogates and their partners, as well as donors, need to have their rights protected to ensure that exploitation does not occur. Additionally, the legal framework must provide clarity around parentage to avoid any uncertainties. Establishing clear pathways for recognizing parental rights, whether through preconception agreements or legal orders before or after birth, is essential. This structure provides certainty for all parties involved and safeguards the rights of the children.

Ethical Considerations in IVF Clinics
Regulation of IVF clinics is equally vital, with ethical considerations being paramount. Without a clear regulatory framework, there's potential for hazardous practices. For example, choosing to implant multiple embryos without thorough discussions about what that could lead to can pose serious risks. All parties need to be adequately informed about the possibilities, including the implications of selective reduction.

A Shocking Example
One unsettling case that highlights the need for regulatory oversight involved a large number of children being born to a couple without ethical considerations or legal protection in place. The lack of regulation in that scenario allowed for a situation where many children were born under questionable ethical practices, which raises serious concerns about how these children will understand their identity and familial connections.

Conclusion
Regulation is not merely a bureaucratic requirement; it's a fundamental necessity for ensuring that all parties in a surrogacy arrangement are treated fairly and ethically. The rights of surrogates, donors, intended parents, and especially the children must be safeguarded. Striving for robust regulatory frameworks in surrogacy and IVF clinics can help mitigate risks and protect the essential human rights of those involved.

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