Ethical and Legal Issues Related to Surrogacy

Abstract

With the latest advances of technology and in a fast-changing world how prepared are we to accept the new changes? How are we supposed to know right from wrong or separate one from the other? Does what we consider right always remains as such or in such a fast-developing society morals, values and principles do also change? We live in a world of ‘living’ rights and living Constitutions, where human rights are interpreted in today’s settings. However, while some principles seem easy to discuss in general terms, it is just as difficult to elaborate them in concrete terms, particularly when the subject of discussion is a personal matter. Hence, people seem divided between what one would, could, or should do when the matter concerns their own rights. A particular issue that has generated many discussions in recent years is the one related to surrogacy, the ethical and legal dilemmas surrounding the subject, as well as the challenges facing surrogate and biological mothers, children born via surrogacy or families of surrogate children. The practice of surrogacy also raises human rights concerns in particular with regard to personal identity, dignity, family or legal status, as well as civil rights and obligations. Such concerns must be carefully examined paying particular importance on the rights of the children, also bearing in mind society’s everchanging values. This article discusses such issues, with a special focus on the case law of the United States of America and the European Court of Human Rights.