Article On Surrogacy And Reproductive Rights - A Comparative Study
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ARTICLE ON SURROGACY AND REPRODUCTIVE
RIGHTS: A COMPARATIVE STUDY
Adv. Vishal Vaid, BA.LLB, LLM, GGSIPU, Delhi Adv. Zeal Shah, BA.LLB, LLM, Symbiosis Law School, Hyderabad
ABSTRACT
This research paper delves into the intricate domain of surrogacy and reproductive rights, exploring the global variation in practices and legal frameworks. Surrogacy, a method by which a surrogate carries a child for intended parents unable to conceive, presents profound ethical, legal, and cultural questions. Distinctions between altruistic and commercial surrogacy provoke debates on autonomy, potential exploitation, and the commercialization of reproduction. Countries such as Canada emphasize reproductive autonomy, while nations like France prohibit surrogacy to protect traditional values and women’s rights. The paper provides a comparative analysis of surrogacy laws across diverse jurisdictions, highlighting cases that underscore complex legal and moral issues in cross-border surrogacy.
Additionally, it examines evolving trends, including international surrogacy agreements and technological advancements, which introduce new challenges regarding parental rights, child welfare, and citizenship. The research primarily utilizes a qualitative methodology, employing a comparative approach to analyze various legal frameworks and ethical perspectives. By examining multiple jurisdictions and reviewing pertinent case laws, the paper aims to provide a comprehensive understanding of surrogacy practices and recommend a balanced, ethical approach to reproductive rights. To address these issues, the paper recommends creating comprehensive surrogacy laws that balance individual rights with protections against exploitation.
The emphasis lies on establishing uniform regulations that respect reproductive autonomy, ensuring ethical practices, and safeguarding the welfare of children born via surrogacy. This balanced approach aims to create a framework that supports surrogacy as a family-building option while addressing its inherent legal and ethical challenges.
❖ Introduction Surrogacy is a complicated and developing practise that questions traditional ideas of family and motherhood. The idea behind surrogacy is that a woman(surrogate), carries and gives birth to a child on behalf of intended parents who might not be able to become parents biologically due to infertility, a medical condition, or other factors. Surrogacy does not have one universal approach. There are range of methods and laws that differ greatly across the world, reflecting the many ways in which communities deal with the intricate dynamics of reproductive rights. One of the major conflicts in surrogacy industry is the difference between commercial and altruistic surrogacy. While altruistic surrogacy involves no financial benefit and is driven by goodwill or familial relationships, commercial surrogacy involves the surrogate getting payment for her services.
The ethical disagreement between these two models touches on issues like exploitation, commercialization, and the use of financial incentives in determining reproductive decisions. The legal sphere related to surrogacy is varied too. Some nations lack explicit regulations, which could lead to misunderstandings and disagreements, while others have extensive legislation that protects the rights and obligations of all parties engaged in surrogacy arrangements. Surrogacy and reproductive rights complex relationship even raises ethical questions about the potential exploitation of women's bodies while simultaneously being seen as an expansion of reproductive autonomy. In order to safeguard the rights and interests of all parties involved, nations like Canada and the Netherlands lay strong emphasis on the individual autonomy and reproductive rights of their citizens.
However, in countries like France and Germany, where women's rights and traditional family values are upheld, a more restrictive way is chosen because of belief of exploitation of surrogate mothers. A nation's perspective on the practise is also greatly influenced by the ethical and cultural
aspects of surrogacy. Different cultures have unique values, customs, and beliefs that shape how they view surrogacy. Surrogacy is considered as a selfless act of kindness in some civilizations, yet it is viewed with suspicion or even outright contempt in others. Due of financial incentives and cultural perspectives on motherhood, India and several Southeast Asian nations have historically had more lax attitudes about surrogacy. On the other side, due
to deeply ingrained cultural and religious restrictions, countries in the Middle East like Saudi Arabia officially forbid surrogacy. Surrogacy policies differ significantly between nations due to a complex interplay of cultural, ethical, legal, and economic factors. The global perspective on surrogacy and reproductive rights will change as societies advance, presenting opportunities and challenges for people and nations as they negotiate the constantly shifting terrain of reproductive autonomy and the widening definitions of parenthood. ❖ Meaning and Definition • Surrogacy- It is a practise where a woman who is the gestational carrier or surrogate, becomes pregnant and carries the child for the benefit of the intended parents, who are a person or couple.
Assisted reproductive techniques like in vitro fertilisation (IVF) or genetic material from the intended parents may be used to conceive the child. People or couples who are unable to conceive because of illnesses, infertility, or other factors may find relief through surrogacy. • World health Organisation (WHO) has not specifically defined surrogacy. They do, however, recognise surrogacy as an assisted reproductive technique in which a woman carries a pregnancy for someone else or a couple. • According to Merriam webster dictionary- surrogacy is the practice of serving as a surrogate mother. • In India, the Surrogacy (Regulation) Act, 20211, Sec 2(zd) defines surrogacy as a practice whereby one woman bears and gives birth to a child for an intending couple with the intention of handing over such child to the intending couple after the birth.
• Reproductive rights – They are a group of fundamental human rights relating to a person's freedom to make decisions about their own reproductive health and family planning. These rights include the freedom to choose whether and when to have children, the right to use contraception, the right to access safe and legal abortion services, the right to comprehensive sex education, and the right to adequate prenatal
1 https://www.indiacode.nic.in/bitstream/123456789/17046/1/A2021-47.pdf
and postpartum care. Access to fertility treatments, surrogacy, and assisted reproductive technologies without hindrance or coercion are also included in the category of reproductive rights. ❖ Types of Surrogacies – Surrogacy can be classified as- Gestational, traditional, commercial, and altruistic. In this article we will only focus on commercial and altruistic surrogacy.
1. Commercial surrogacy
In a commercial surrogacy arrangement, the surrogate is paid a fee or other form of compensation for carrying and giving birth to the child. The payment may also cover the surrogate's time, medical bills, and other associated costs and can vary greatly. In many cultures like France, commercial surrogacy is seen as unethical because it could devalue women's bodies and open the door to future exploitation. Some nations have outlawed or have strict regulations on commercial surrogacy due to worries about coercion and the potential for disadvantaged women to be persuaded by financial incentives.
2. Altruistic surrogacy
It is defined as the practise of using a surrogate to carry a child without receiving any financial compensation beyond the reimbursement of pregnancy and medical-related costs. The surrogate typically decides to lend a helping hand to a friend, family member, or a stranger without expecting payment. In comparison to commercial surrogacy, altruistic surrogacy is generally regarded as being less unethical and is widely accepted form of surrogacy. It is believed that the absence of financial incentives will ensure that decisions regarding surrogacy are primarily influenced by goodwill and a desire to help those in need. Rights and responsibilities of parties to the surrogacy contract- surrogates, intended parents and the child born from surrogacy:
1. Surrogates Rights and Responsibilities:
a) Surrogates have the right to choose whether or not to take part in a surrogacy arrangement after doing their research.
b) There should be informed consent which means they should have proper understanding of the terms and conditions of surrogacy contract before assenting to it. c) They should receive prenatal care and adequate medical attention throughout the pregnancy and surrogates should have the right to make decisions regarding their own bodies and reproductive health through autonomy. Surrogates also have certain responsibilities likea) Obeying medical recommendations and treatment schedules to guarantee the pregnancy's wellbeing, adhering to the conditions of the surrogacy contract, which might include leading a healthy lifestyle throughout pregnancy, taking steps to guarantee a healthy and safe pregnancy for the unborn child.
2. Intended Parents Rights and Responsibilities:
a) Intended parents have the right to be acknowledged as the child's legal parents at birth. b) To make sure the surrogate complies with the surrogacy contract's agreed-upon terms by getting her informed consent. c) Maintain the surrogacy agreement's secrecy if they choose so. Obligations of Intended parents includea) Paying for the surrogacy procedure's expenses or providing financial compensation. b) Providing the surrogate with emotional support throughout the pregnancy. c) Abiding to the legal requirements and contract terms.
3. Children's Rights and Responsibilities:
a) The child has the right to have one's legal parentage established and acknowledged. b) To get proper upbringing, support, and care from their legal parents.
c) The right to know one's genetic and biological heritage, which may differ depending on the surrogacy arrangement. d) Children in the surrogacy arrangement do not have obligations, but it is the responsibility of all the legal parents to ensure the child's welfare, including financial, emotional, and psychological support. ❖ Addressing the Moral and Ethical Dilemma of Surrogacy2
1. The commercialization of reproduction
Some people claim that using a surrogate can cause the commodification of reproduction, turning carrying of a child into a business transaction. This point of view criticises the idea of using surrogates as "wombs for rent" and questions the idea of treating a woman's body like a product. The ethical rule that people should not be treated as commodities to be bought or sold is put to the test by the commodification of reproduction. It raises the question of whether surrogacy turns childbirth into a service for the highest bidder, possibly diminishing the value of the experience's sacredness.
2. Possibility of Exploitation
Risk of surrogate exploitation exists, especially in instances of commercial surrogacy. Critics claim that surrogates, particularly those who are in economically unstable, may be pressured or coerced into surrogacy arrangements. The ethical dilemma in this situation is ensuring that surrogates enter into agreements voluntarily and without the use of coercion or undue influence. The concepts of autonomy and informed consent are put to the test because exploitation might limit a surrogate's ability to exercise true free will.
3. The surrogate's health:
Surrogates may face emotional and physical risks as a result of surrogacy. The emotional connection between the surrogate and the child can lead to particular psychological stresses during pregnancy, which can also be physically taxing. It is essential to protect the welfare of 2 Ranjana Kumari, Surrogate Motherhood- Ethical or Commercial, ministry of women and child development, https://wcd.nic.in/sites/default/files/final%20report.pdf
surrogates. It includes dealing with matters such as appropriate medical attention, mental health support, and making sure that surrogates are not left in distress after the surrogacy arrangement ends. The surrogate's physical and mental health should come first in an ethical surrogacy.
4. Child's Well-Being:3
The welfare of the surrogate child is of utmost importance. There may be concerns regarding the identity of the child, the revelation of their surrogate origins, and the possibility of emotional or psychological difficulties and sale of surrogate child. Protecting the child's rights, ensuring that they have access to information about their biological heritage, and preserving their emotional wellbeing are all ethical considerations. Choosing the most effective way to deal with any legal or social challenges associated with identity and parentage.
5. Surrogacy's Commercialization
Commercial surrogacy arrangements, in which surrogates are paid, may give rise to moral questions about the place of money in the process and whether doing so turns pregnancy into a business. The notion that surrogacy should be motivated by altruistic motives rather than financial incentives is at the centre of ethical debates. Some contend that the addition of a financial transaction element caused by monetary compensation could compromise the objectivity of the surrogacy act.
6. Regulatory and Legal Frameworks:
The absence of uniform and thorough legal and regulatory frameworks for surrogacy can cause moral conundrums involving the defence of the rights of all parties involved. Clear and fair regulations that safeguard the interests and rights of surrogates, intended parents, and the child are essential to establishing ethical surrogacy practises. The moral challenge is to create legal frameworks that deal with the various moral and ethical issues while upholding individual autonomy and choice in reproductive matters. As a result, resolving the moral and ethical issues surrounding surrogacy calls for careful consideration and strong legal frameworks. Informed consent, the welfare of surrogates and 3 United nations human rights, Surrogacy https://www.ohchr.org/en/special-procedures/sr-sale-ofchildren/surrogacy
the child, and fair procedures that forbid commodification and exploitation should all come first in an ethical surrogacy. ❖ Importance of Reproductive Autonomy as a Basic Human Right and Its Relation to Surrogacy: Reproductive Autonomy: To make decisions about one's own reproductive well-being, family planning, and parenthood is known as reproductive autonomy. It includes the freedom to choose whether and when to have children, to use contraception, and to make an informed decision regarding assisted reproductive technologies, such as surrogacy. Reproductive autonomy and surrogacy: The right to parenthood can be exercised by individuals or couples through the use of surrogacy when conventional methods may not be feasible. It is a solution for people who experience infertility, health issues, or other obstacles to conceiving or carrying a pregnancy.
Ensuring that people can make informed decisions about surrogacy free from undue influence or coercion requires that reproductive autonomy in surrogacy to be recognised. By requiring informed consent and guaranteeing the rights of surrogates, intended parents, and the child, laws and regulations must safeguard this autonomy. Although the right to choose one's own reproductive options is a basic human right, surrogacy laws should also strike a balance between upholding people's personal freedoms and addressing moral dilemmas. The best interests of the child should always be upheld, and laws should not only respect reproductive autonomy but also work to prevent the commodification of reproduction and the exploitation of surrogates. While some nations emphasise this right and implement regulations that support it, others may have restrictive or prohibitive laws that challenge it.
This is because the recognition of reproductive autonomy in surrogacy varies globally. This emphasises the ongoing discussion and development of surrogacy laws in relation to standards for human rights. To ensure that surrogacy practises respect individual rights and safeguard the welfare of all
parties involved, it is crucial that surrogacy laws be in line with international human rights norms. Surrogacy laws should uphold reproductive autonomy as a fundamental human right while addressing ethical issues and advancing the interests of the child. ❖ Examining Social, Cultural, and Ethical Factors:4 A nation's cultural, moral, religious, and societal values are reflected in its surrogacy laws and
regulations. These factors have an impact on the legality, limitations, and enforcement of surrogacy laws, resulting in a wide range of legal systems around the world. If we talk about cultural aspect of it, surrogacy is generally less acceptable or completely prohibited in nations that place a strong emphasis on traditional family structures, such as France. Countries with more liberal attitudes, like Ukraine, on the other hand, frequently have different cultural views on parenthood and reproduction. Surrogacy laws are even influenced by religious and ethical concerns about the potential exploitation of surrogates and the commodification of women's bodies. Due to these issues, nations like India and Thailand, which once had a high demand for commercial surrogacy, banned it. There are many different levels of societal acceptance for surrogacy as well.
Surrogacy is viewed as a kind deed in some nations, while it is viewed with suspicion or cultural opposition. These societal perspectives may have an impact on the surrogacy laws enforcement and legal framework. ❖ Comparative Analysis of Surrogacy laws in different countries • American States Since there are no national surrogacy laws in the United States, state surrogacy laws differ greatly. Some states, like California, are supportive of surrogacy and have clear legal guidelines 4 Nayana Hitesh Patel, Yuvraj Digvijaysingh Jadeja, Harsha Karsan Bhadarka, Molina Niket Patel, Niket Hitesh Patel, and Nilofar Rahematkhan Sodagar, Insight into different aspects of surrogacy, Journal of human reproductive sciences(2018) https://www. ncbi. nlm. nih. gov/pmc/articles/PMC6262674/
and safeguards for both intended parents and surrogates. While states, like New York, have put restrictions in place that make commercial surrogacy unlawful. There are some states that only permit altruistic surrogacy, others permit commercial surrogacy. With enforceable surrogacy contracts, regulations generally protect the rights of intended parents and surrogates. • India Commercial surrogacy was once widely practised in India, but it was banned in 2015 over concerns regarding exploitation and unethical behaviour. This change was made to guard surrogates rights and prevent exploitation and those who break the law would face legal repercussions. The bans have drastically reduced the availability of surrogacy options in India, which has caused the surrogacy sector to decline. some people have turned to other nations for surrogacy services as a result of the legal changes.
• France In France, surrogacy, whether commercial or altruistic is regarded as illegal and all the contracts related to it are void. It is seen as being inconsistent with the nation's moral and ethical standards. The practise of surrogacy may carry criminal consequences. The French legal system strictly upholds the prohibition on surrogacy, and those who engage in surrogacy outside of France may be subject to legal repercussions when they return. Families formed through surrogacy face a challenging legal landscape in France because the children's parents may not be acknowledged. • Ukraine5 Ukraine accepts surrogacy for charitable and commercial purposes. Ukraine's surrogacy laws are very specific and safeguard the rights of intended parents. Contracts for surrogacy are also enforceable in court.
The Ukrainian legal system has earned a reputation for being surrogacyfriendly and upholds surrogacy contracts. Thus, becoming a well-known place for international surrogacy. 5 Svetlana M Sylkina, Nurlaiym K Mynbatyrova, Surrogacy: An international comparative analysis of the fundamental legislative principles of Ukraine, Sage Journals (2019) https://journals. sagepub. com/doi/10. 1177/0025802419884417
Greece Greece allows altruistic surrogacy under specific circumstances but forbids commercial surrogacy. Surrogacy is strictly governed in Greece, with safeguards for all parties involved. Greek authorities uphold surrogacy laws, ensuring that the rights of all parties are protected. The disparities in surrogacy laws among nations serve as a reminder of the importance of global collaboration and standardised rules for the protection of all parties involved in surrogacy agreements. ❖ Cases related to surrogacy- • Baby Gammy's Case (Australia and Thailand):6 In this case, one of the twins born in 2014 by a Thai surrogate mother had Down syndrome. Gammy, the child with Down syndrome, was left in Thailand while the intended Australian parents took the twin who was in good health. This case brought to light the moral and legal complications associated with global surrogacy.
Later, Thailand enacted stricter surrogacy regulations that forbade commercial surrogacy for foreigners. • The Case of Baby Manji Yamada (Japan and India):7
A Japanese couple contracted for a surrogacy in India in 2008. However, before Manji Yamada
was born, they got divorced. The case brought up issues regarding the child's legal standing and the lack of international surrogacy laws. It sparked discussions about the necessity of precise cross-border surrogacy laws. • The Baby M Case (USA)8 Mary Beth Whitehead assisted the Sterns, a New Jersey couple, in 1986 by acting as their customary surrogate. Whitehead resisted giving up custody of the baby, known as Baby M, 6 Paul Farrel, Baby Gammy born into Thai surrogacy scandal granted Australian citizenship, The Guardian (2015) https://www.theguardian.com/australia-news/2015/jan/20/baby-gammy-born-into-thai-surrogacyscandalgr,anted-australian-citizenship
7 Baby Manji Yamada vs Union of India & Anr, AIR 2008, SC
https://indiankanoon.org/doc/854968/
8 ABC News, Landmark fer2lity cases (2001), h>ps://abcnews.go.com/Nightline/story?id=128652&page=1
In Re Baby M, 1987, h>ps://casetext.com/case/in-re-baby-m-1
after the child was born. The case received extensive media coverage and resulted in important legal changes. Parental rights, the enforceability of surrogacy contracts, and other issues were raised. Due to their violation of public policy, surrogacy contracts were declared unenforceable by the New Jersey Supreme Court. However, the court decided that giving the Sterns custody was best for the child and granted them custody. As a result, many American states passed surrogacy laws to define the practice's legal ramifications. • The case of Paradiso and Campanelli v. Italy9 Here, an Italian couple used gestational surrogacy in Russia to deliver twins. Italy refused to acknowledge their parental status and register the children's birth certificates, which sparked a legal dispute before the ECHR.
The European Court of Human Rights (ECHR) ruled that Italy had violated the applicant’s rights under the European Convention on Human Rights, emphasising the significance of acknowledging the legal rights of intended parents in surrogacy agreements. • Jan Balaz v Anand Municipality (2009)10 This particular case focused on issue of the citizenship and legal parentage. The surrogate mother was an Indian national and the child's father was a German National who requested for the custody rights. Germany declined to grant the child nationality after the child was born since there were no previous precedents regarding the nationality of a surrogate child prior to the case. As the case developed, it picked up speed exponentially.
Since the two infants in this case were born to an Indian national, their identities have already been established, and they are therefore Indian citizens as defined by Section 3(1)(c)(ii) of the Citizenship Act. These cases show the complex legal issues surrounding surrogacy and reproductive rights. They also stress on the continuing need for clear and thorough legal frameworks that address all relevant issues in order to protect the rights of all parties involved in surrogacy agreements and to address the particular problems that surrogacy poses in terms of reproductive rights.
9 Case Of Paradiso & Campanelli V. Italy (2017) European court of Human Rights,
H>ps://Hudoc.Echr.Coe.Int/Fre#{%22itemid%22:[%22001-170359%22]}
10 Priyamvada Singh, Rights of a Surrogate Mother, ipleaders (2020)
h>ps://blog.ipleaders.in/rights-of-a-surrogate-mother/#_Jan_Balaz_v_Anand_Municipality_2009
❖ Investigating New Surrogacy Trends Surrogacy is a dynamic industry with changing trends. These trends have brought about new complexities and dimensions to the surrogacy landscape.
1. Global Surrogacy
A growing number of people and couples from nations with strict surrogacy laws are looking
for surrogacy services in nations with lenient laws, which is leading to international surrogacy agreements. Due to the wide disparity in national laws, cross-border surrogacy can present complex legal issues. It can be difficult to establish the child's legal parentage. International surrogacy may exploit surrogates in underdeveloped economies and raise issues regarding the rights and welfare of the surrogate.
2. Technological Progress:
Developments in assisted reproductive technologies are a trend. The use of in vitro fertilisation (IVF), genetic testing, and the potential for same-sex couples and single people to become parents have increased the options for surrogacy. But as technology develops, ethical issues have begun to surface regarding the possibility of designer children, the use of surrogacy for non-medical purposes, and genetic selection.
3. Legal and regulatory frameworks
In response to rising demand and potential legal issues, nations are updating or establishing surrogacy laws. Though it is still difficult to develop thorough and consistent legal frameworks that balance the rights and obligations of all parties.
4. Hubs for surrogacy and medical tourism:
Due to the surrogacy-friendly laws and affordable surrogacy services, some nations have turned into surrogacy hubs, drawing people from all over the world. Due to expansion of such surrogacy hubs, potential surrogate exploitation and the possibility of human trafficking in the surrogacy industry have been raised.
5. Altering Social Attitudes:
A growing number of celebrities and public figures are openly discussing their surrogacy
experiences, and this trend indicates that society's perception of surrogacy is changing. But though surrogacy is becoming more accepted in some societies, there can still be stigma and prejudice against it, especially when it poses challenge to customary family values.
6. Issues Relating to Legal Parenthood and Citizenship:
When individuals or couples have children through surrogacy abroad and seek to establish their legal rights as well as the citizenship of the child, citizenship and legal parentage issues arise. Some nations may refuse citizenship to children born through surrogacy, leaving them without a country to call their own. The families affected may find it difficult and emotionally taxing to resolve these problems.
7. Collaboration and advocacy on a global scale:
To safeguard the rights of all parties involved in surrogacy, there is an expanding movement for international cooperation and advocacy. It is difficult to reach an international agreement on surrogacy regulation because different interests, cultural norms, and legal systems exist in different nations. ❖ Recommendations for improvement in Surrogacy Policy: • Nations should establish comprehensive national legislation in order to cover all facets of surrogacy, including the duties and rights of surrogates, intended parents, and the child. This legislation should guarantee the safety of all parties involved while clarifying legal parentage, informed consent, and monetary compensation. • Fostering international cooperation will help develop a framework for cross-border surrogacy agreements.
The rights of the child can be protected and legal parentage and citizenship issues can be consistently resolved through this cooperation. • Creating standardised surrogacy agreements that talk about the duties, responsibilities, and demands of both, intended parents and surrogates. Such agreements ought to be enforceable and legally binding to prevent ambiguities and disputes. • Establishing moral standards for surrogacy procedures that lay an emphasis on
transparent surrogacy agreements, informed consent, and the welfare of surrogates and the child. The appropriate regulatory bodies should impose these rules. • Surrogacy agreements should be recognised by the law. The stability and security of surrogacy agreements will be enhanced by this recognition being uniform across all states or nations. • Action should be taken to safeguard surrogates from coercion, exploitation, and health hazards. Regular medical checkups, mental health assistance, and financial security should all be part of these precautions. • In surrogacy agreements, child welfare should be the top priority. It should be ensured that they have access to information about their biological roots and taking prompt action to resolve any legal or citizenship concerns.
• Public education and awareness campaigns should be conducted to lessen surrogacy's negative social stigma and common misconceptions. Through these campaigns, different family structures can be better understood and accepted. ❖ Conclusion Since surrogacy laws significantly differ across the world, need for international cooperation to develop consistent standards that respect reproductive autonomy while safeguarding the rights and well-being of all parties is necessary. Cultural and societal norms also have a significant impact on how people view surrogacy. The surrogacy landscape is being shaped by global surrogacy, technological advancements, and shifting social norms which tends to require a new set of legal regulations that take these trends into account are required as surrogacy continues to develop.
Citizenship and legal parentage problems can result in stateless children and legal disputes. So, in order to safeguard the rights of children and families, these issues must be resolved swiftly and fairly. Protecting the rights and welfare of surrogates is extremely important. They must be shielded from abuse and coercion by clear rules, standardised contracts, and moral standards. Therefore, a thoughtful, balanced strategy that respects individual autonomy while upholding the rights and wellbeing of all parties involved is necessary for the future of surrogacy and
reproductive rights. The major findings indicate that it is crucial to standardise surrogacy procedures, safeguard surrogates, and put the best interests of the child first. By achieving these objectives, surrogacy will be able to continue to offer a practical family-building option while addressing the issues and debates that arise in this developing field.