“Become a surrogate mother and earn up to $50,000!”
“Genius egg/sperm donors wanted. Excellent compensation!”
Dear Friend,
Believe it or not, advertisements like this do exist. Just not in Canada. At least, not yet.
Currently, it is illegal to profit from surrogacy or the sale of eggs, sperm or human embryos in Canada. The Assisted Human Reproduction Act (AHRA) only permits surrogacy and egg or sperm donations within an altruistic (i.e. not for profit) framework.
With an altruistic surrogacy, the woman who offers to carry an unborn child for someone else only gets reimbursed for surrogacy-related expenses. But with a commercial surrogacy, a profit is made from the use of a woman’s reproductive capabilities. The former is legal in Canada; the latter is not. Current laws reflect our country’s longstanding public policy commitment to prevent the commodification and commercialization of the human body. In fact, the EFC was very active in the hearings surrounding the AHRA.
In May 2018, an MP introduced a private member’s bill that seeks to remove the criminal prohibition on paying for surrogacy, eggs and sperm. This would create an open market in reproductive capabilities and tissues – treating women acting as surrogates as “service providers” and egg and sperm donors as “suppliers.” Market forces would set the price points – Healthy, young, fertile surrogates would expect to fetch top dollar, as would egg or sperm donors with high IQs or good looks.
Commercializing surrogacy – which involves the exploitation of women for commercial ends and the commodification of children – raises serious theological, health, social and ethical concerns.
Ethically, there are concerns about the extent to which commercial surrogates are influenced by financial need. Financial incentives encourage people to do things that they would not otherwise do or that may be harmful, and make their actions, consents, and decisions less likely to be voluntary or free from coercion. Criminal prohibition on commercial surrogacy is one way to avoid the exploitation of vulnerable women who may be attracted or forced into surrogacy by the lure of making money.
Socially, commercial surrogacy widens the power gap between the intended parents and the surrogate (which already exists with altruistic surrogacy). As an “employee” of the intended parents, the surrogate’s power to make informed decisions about what medical procedures she will undergo is significantly diminished. The surrogate is more likely to defer such decisions to the “paying customer.”
But perhaps most seriously, there is potential for the commercial surrogate to be treated like a slave. Intended parents often place restrictions on what the surrogate is allowed to do – what she can eat or drink, what activities are banned, etc. And in some cases, even where the surrogate has the right to make all health and welfare decisions regarding the pregnancy, intended parents can invoke a “termination clause” that requires the surrogate to abort the baby (if a birth defect is detected) or babies (if multiple embryos were implanted). The desires of the intended parents often trump the rights of the woman and of the unborn child. Commercial surrogacy does NOT promote human dignity or protect the sanctity of human life!
Do we want to turn humans and human body parts into commodities? Is a surrogate mother’s womb simply a temporary container, a piece of “rental property” that can be “leased out”? Should baby-making be a “for profit” business – where human life becomes a commodity and children become the “products” being sold?
The European Parliament passed a resolution in 2015 stating that commercial surrogacy undermines the basic human dignity of women by using their reproductive organs for profit, and is a form of violence against women. Many have likened commercial surrogacy to forms of prostitution, human trafficking and human slavery. And in January 2018, the UN Human Rights Council affirmed that, under international human rights law, commercial surrogacy constitutes the sale of a child and is a form of child trafficking.
Very few jurisdictions around the world permit payment for surrogacy. These include Russia, Georgia, Ukraine, Iran and nine U.S. states. Even countries like Nepal, Thailand, India, and Mexico are now increasing regulations to control or eliminate commercial surrogacy to better protect women and children from exploitation and human trafficking. The United Kingdom, Denmark, New Zealand, and most of Australia have laws that are currently like ours, where only altruistic surrogacy is permitted.
The Bible teaches that every person is made in the image and likeness of God, and must therefore be accorded proper respect and dignity. These truths are why we understand slavery, prostitution, and the sale of human organs to be offensive to God – they all violate human dignity. Commercial surrogacy treats babies not as precious gifts from God but as mere commodities in the marketplace.
If you value the sanctity of life and human dignity, we invite you to stand with the Evangelical Fellowship of Canada as we oppose the legalization of commercial surrogacy in Canada and strongly urge the government to continue to work to protect and promote the health, safety, dignity and rights of all Canadians. Please pray and consider making a financial gift today!
Sincerely,
Bruce Clemenger
President