Encyclopedia of Opinion
Question

Should surrogacy be legal?

Surrogacy refers to the process through which a woman intentionally becomes pregnant with a baby she does not intend to keep, instead carrying the foetus for its intended parent or parents, usually because the parent is unable to do so without her. Surrogacy may be altruistic where the surrogate is not paid, or commercial where she is. Countries and states often have unclear legislation on surrogacy. Should surrogacy be legalized? Under what conditions should surrogacy be legal?

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Yes, surrogacy should be legal.

This position holds that surrogacy should be legal. It argues everyone should have access to parenthood, that surrogacy is a practical solution for those unable to have children naturally, and that a woman has the right to decide what she does with her own body.

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No. Surrogacy should be illegal.

This position holds that surrogacy should be illegal. It argues it commodifies human life and children, exploits women often driven to it by economic need, can leave the child in an uncertain legal status, and that prospective parents should adopt children in need instead.

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It depends: surrogacy should be legal only under certain conditions.

This position holds that surrogacy should be legal only under certain conditions. It argues the practice is acceptable when properly regulated—for instance, permitting only altruistic surrogacy—with safeguards governing the surrogate mother and the prospective parents alike.