POLITICAL AND ETHICAL IMPLICATIONS OF INTERNATIONAL COMMERCIAL SURROGACY ON STATES: EUROPEAN CONTEXT
POLITICAL AND ETHICAL IMPLICATIONS OF INTERNATIONAL COMMERCIAL SURROGACY ON STATES: EUROPEAN CONTEXT

Summary/Abstract: International commercial surrogacy (ICS) has grown especially in the last two decades with the advancement in assisted reproductive technologies. It has become a global phenomena and business industry worth several billions of USD a year, which raises many political, legal and ethical issues. This article examines how regulations and laws on surrogacy vary across the countries. Some European countries such as the UK allow altruistic surrogacy, but ban commercial surrogacy, while France, Germany and Italy prohibit all forms of surrogacy. In addition to legal perspective, this Article analyses ICS from theological, feminist and liberal point of view. While most of the Christian Churches are against surrogacy and other forms of assisted reproductive technologies (ART), Islam allows certain aspects of assisted reproductive technologies, whereas Judaism, Hinduism and Buddhism allow all forms of ART. From the feminist perspective ICS is a form of slavery that exploits female body through the financial enticements in the same way, as does the prostitution. Feminists see surrogacy as a violation of the rights of children and women. Liberals, on the other hand, argue that surrogacy represent the right to one’s personal autonomy, and to prohibit the practice would be a violation of women’s rights to self determination.

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