New laws are unlikely to eradicate the inherent risks associated with surrogacy, warn campaigners who argue that tighter regulation overlooks the fundamental problems with this practice.
A leading UK campaign group, Stop Surrogacy Now UK, has spoken out about the dangers of overseas surrogacy arrangements, which have led to an increase in stateless babies. According to Lexi Ellingsworth, founder of the organisation, a focus on better regulation misses the mark: "The core issue with surrogacy is the deliberate separation of a newborn from its birth mother – a bond that's formed naturally during pregnancy." She suggests this cannot be resolved by regulations alone.
Studies have shown that surrogate mothers are at higher risk of severe complications, such as postpartum haemorrhage and pre-eclampsia. In Canada, research found that surrogates were more likely to experience these problems than women who conceived naturally or through IVF. This highlights the medical dangers that may not be fully mitigated by regulation.
Even in countries with robust regulatory frameworks, concerns about exploitation persist. Ellingsworth points out issues including economically vulnerable women being exploited, inadequate informed consent processes, and difficulties in enforcing regulations effectively. Laws might change how surrogacy is organised, but they have not consistently prevented abuses or addressed the underlying inequalities driving women into these arrangements.
Stop Surrogacy Now UK urges policymakers to reconsider their assumption that better regulation will make surrogacy safe and ethical. The organisation asks: "Can a practice that inherently separates a baby from its birth mother, exposes women to significant medical risks, and creates opportunities for exploitation ever truly be made safe and just?"