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Ethics of Gestational Surrogacy
Soraj HongladaromDepartment of Philosophy and
Center for Ethics of Science and TechnologyChulalongkorn University
Outline
● Basic ethical issues● What could be particularly unethical in
mother surrogacy● Ethics and law● Recommendations
Basic Ethical Issues
● Multiple mothers● Commercialization● Natural ties● Family values● Exploitation of surrogate mothers● Global justice issues
Particularly Unethical Issues
● Exploitation– But what would happen if there were no
exploitation (for example, if the surrogate mother is adequately compensated and there is no conflict).
● Compensation– Is the idea of compensation in itself unethical?
Ethics and Law
● A lot of confusion on the two● Ethics should always come before the law
– that is, there has to be a broad agreement in society as to what is right or wrong before the law comes to effect accordingly.
● But sometimes law comes before ethics – which creates a lot of problems.
Current Thai Law
● New law being deliberated in the National Legislative Assembly
● Very strict – the surrogate mother has to have a child already and get permission from her husband; she can’t be parents or children of the commissioning couple.
● No advertisement, no middleman.● This will effectively destroy or greatly reduce
the practice of surrogacy in Thailand.
Analysis
● No middleman– What if the fertility clinic itself function as a middleman?
● No advertisement– How can this be enforced in reality?
● Compensation– Many have voiced opinion that some form of compensation should be
all right, if it is fair and no exploitation is involved.● Medical Council
– Many difficult issues get thrown to the Medical Council.–
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