Human Dignity and Commercial Surrogacy
Commercial surrogacy is a concept that has resulted to mixed reactions from the
members of the society on grounds of ethics and legality. Even though, it seems to give hope for
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the childless parents, the question of human dignity cannot be overruled. The major issue the
paper is deliberating on is the question of commercial surrogacy incorporating case studies on
the premise of human dignity. The concept of commercial surrogacy enables couples in need of a
child to pay a woman to carry for them a baby at a certain fee. Therefore, I do believe that this
topic and more so the case studies provide a deeper understanding on the issues of human
dignity. The paper furthermore, will incorporate two perspectives pertaining to the issue of
commercial surrogacy referring them to the four quadrants and finally provides a discussion of
important of viewing human dignity as multidimensional as opposed to considering these
perspectives in isolation.
Perspective one holds the view that practicing commercial surrogacy is a way of
devaluing the dignity of human life because children are treated as if they are supposed to be
sold and be bought (Wilkinson, 2003, 169-187). Furthermore, it devalues the life and dignity of
mothers practicing surrogacy as it reduces their worth in terms of their reproductive capacity.
This therefore makes them appear not to be viewed as loving mothers of their children they have
given birth.
The case study involving, Baby Grammy, clearly captures the views from this first
perspective. The fact that the twin sisters were born through a surrogate mother called
Patharamon Chanbua, it devalues human dignity of them and that of the participants. The
Australian couple took one of the sisters while the other suffering from Down syndrome was left
behind with the surrogate mother. The mother received payment for carrying the Baby for the
couple hence; this qualifies as selling a baby. Furthermore, the action paints the surrogate mother
as not respectful to her own reproductive capability and a mother that does not have love to her
children (Drabiak et al. 2007, 300-309). Therefore, the author concept of human dignity is to
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embrace and value children even if they have some disabilities. The act of the Australian
couples, abandoning a twin sister because of Down syndrome is an unethical and it devalues
human dignity. Parents of commercial surrogate children need to put the best interest of the
children before their selfish interests. This human dignity falls in the quadrant (1A). I do believe
that regardless of the method that a child has been born, the child is still a human being and is
still worth. Judging a baby because of suffering from Down syndrome is unethical putting in
mind that the Australian Couples went for the commercial surrogacy. They have the
responsibility to take good care of the two twins regardless of their health conditions. Taking one
that is healthy and leaving the other baby is unethical and malicious as it violates human dignity
hence, the case study belongs to this quadrant.
Social attitudes, circumstances as well as norms play key role as to why people hold to
this perspective. The way people have been brought up and the environment they have grown
shapes their perception about commercial surrogacy. They might not have seen people or even
their parents doing such practices hence this contributed to their position on the same. The way
children of surrogate mothers are mistreated by guardians can also be one reason why society
holds contrary views on commercial surrogacy. Society as well must live and keep up to certain
standards to ensure that people lead moral upright lives. Society expects people to lead their
lives in a certain way and going contrary to such principles then leads to conflicts. The biblical
teaching on reproduction as well shapes and influences the attitudes of the people about
commercial surrogacy. Cultural differences as well have the potential to shape the way people
perceive the concept of commercial surrogacy. The culture or values and the level of skills and
knowledge of individuals and the way they have been brought up affects the ways they perceive
the aspect of commercial surrogacy (Deutsch, 2014, 932-945). Therefore, it is evident that these
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factors shape the level of understanding of an individual human dignity. Other people might not
have a problem to opt for commercial surrogacy to get children while others because of their
cultural beliefs they might view this as devaluing human dignity.
This perspective therefore seems to justify that couples without children can use
commercial surrogacy to get children only if the best interest of the child are upheld and if the
child is not bought or sold or if it does not affect the reproductive capability of the mother.
Therefore, such an individual that holds this perspective will not be cowed down to conduct
commercial surrogacy as long as they ensure that they do not go contrary to the ideologies and
principles espoused in here (Fisher, 2013, 235-246). They will consider the action right is the
children are not sold and if they are given the best treatment regardless of their circumstances.
To uphold to human dignity, it would require, that the surrogate mother takes care of the child to
give it motherly love and that, the couples as well does not discriminate and mistreat the baby
because of their incapacities.
The second perspective about human dignity and commercial surrogacy holds the view
that society tends to view the work of commercial surrogate mothers as unethical hence, their
dignity is dismissed both the mothers themselves and the way community perceives them.
Nevertheless, these mothers can still restore their dignity and self worth by expressing
themselves on the way people should perceive their role in society hence, rebrand and recreate
their image of the work they do as a noble thing (Karandikar et al, 2014).
This perspective is exemplified in the case of twin born by an Indian surrogate mother. In
India, there is stigma against commercial surrogacy, as such mothers are perceived in negative
limelight. According to Pande (2010, 292-312) surrogates in India experienced a considerable
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degree of stigma in their communities. However, Amrita believed that stigma suffered was
because of Indian society considering commercial surrogacy immoral comparable to baby selling
and prostitution. Therefore, the author concept of human dignity in relation to the case study is
that the custody and safety of the children should not be compromised at any level as long the
parties agree with each other (Anderson, 2010, 19-26). This concept on dignity is best
explained by quadrant 1B. Even though, undergoing commercial surrogate may be perceived as
unethical by the society, and resulting to stigmatization of the surrogate mothers, the mother is
still a human being with capacity to make better decisions. Therefore, it is important for the
surrogate mothers to explain and defend their role as surrogate mother. Quadrant 2A also way
can help understand the concept of dignity. The behavior of the surrogate mothers may appear to
be a sign of lose of sense of self-worth, then may indicate that she lacks dignity hence the society
should not delve much of their attention to them (Graffith, 2015, 196-198). Similarly, surrogate
mothers and couples regardless of their status and actions, it is befitting for the society to treat
them well and not to merely judge them because they deserve respect and dignity as explained in
the quadrant 1A. The case study belongs to these quadrants because; these surrogate mothers are
human beings like other people in society (Edlund et al, 2013, Pg. 851; Ergas, 2013, Pg. 117).
They as well give birth to children that deserve respect. The mothers as well deserve respect
because they are a part of the society and they can explain their role to the society for them not to
be discriminated and looked down upon.
It is true that social attitudes, norms and circumstances played a major role in influencing
this perspective. The reason why society looks down upon surrogate mothers, as is the case of
Amrita in the case study in India is that the practice may not be part of their culture. The way
they have be brought up and even socialized, they have never encountered such incidences.
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Therefore, it makes them adamant to accept the same. However, there seems to be a window of
opportunity for surrogate mothers in India especially if they come out and talk about their work
and role. The society seems to be attentive on the issue and is likely to buy into the idea and
restore their confidence in role of such surrogate mothers. Cultural factors as well play a key role
in this issue. Culture requires that women give birth to a child in a normal way. A man and a
woman need to come into contact to sire a baby. Using other practices is perceived unclean and
unethical hence, explaining some level of resistance and negatives perception.
Nevertheless, it is true that circumstances as well as the factors explained can affect the
way people perceive and think about human dignity. For unfertile parents, they view
commercial surrogacy as the best option for them to get a baby. They will therefore embrace the
concept even if the society is opposed to it. Surrogate mothers that have compassion as well as
those that are motivated by commercial interest will definitely buy into the idea. Therefore, the
circumstances of the people will vary and will shape their perception on the issue.
The perspectives therefore, seem to justify the actions of Amrita and other surrogate
mothers provided they talk and explain to the society about their role. As long as the practices
are done well and children are taken good care, then no one devalues human dignity. The person
that holds to this perspective will therefore, likely to take a decision depending on the
circumstances. For instance, if they value and have high self-esteem and they have explained
their role to society, then the practice will not be a problem. On contrary if, they feel that they
will loss sense of self worth and receive reprimand from the society, then the chances of
approving the same will reduce. Therefore, to uphold to human dignity, they must ensure that the
society understand their role and they move on the same page pertaining to knowledge and
purpose of embracing the aspect of commercial surrogacy.
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The concept of human dignity is complex and therefore it is important to evaluate the
various perspectives based on the various quadrants to understand them better. This therefore,
helps to enhance our understanding of the concept of multidimensionality of human dignity in
respect to the case studies. Considering one perspectives in this case studies is likely to
jeopardize other aspects of human dignity. For instance, in reference to perspective one and case
study involving Baby Grammy, the act of selling the baby to the Australian couples devalues
human dignity and the decision of the couple to one of the twins instead of both twins because of
the fact that one suffers from Down syndrome violates ethics and shows devaluation of human
dignity. This is in tandem with the quadrant 1A where the dignity of the child should be upheld
because the twin is a human being deserving respect. The action of the couples to get children
through commercial surrogate is worthwhile; they are not supposed to treat the twin suffering
from Down syndrome as they did (Millbank, 2010). This causes contradictions on the human
dignity to ensure best interest of the children. Similarly, in perspective two, women such as
Amrita deserve a right to be appreciated in society even though they are surrogate mothers.
In conclusion, it is evident that indeed the aspect of human dignity and commercial
surrogacy will still trigger heated debate in the courts and in the social realms. The case study in
this discussion has demonstrated the controversies that surround the issue. Opting for
commercial surrogacy is a decision that requires consideration of many aspects including social
attitudes, legislations, and the ethical consideration. The case of baby Grammy and Amrita have
provided deeper insights on the topic. Summarily, the response on the multidimensionality of
human dignity shows that humans are inspired to realize our dignity in our lives despite human
dignity being inherent. Thus, a dignified response would be to enable the surrogate to see their
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pride reflected in our actions. This may change the way they think about themselves and other
people. This might cause them to reassess they exercise their future autonomy.
References
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Anderson, E. (2000). “Why Commercial Surrogate Motherhood Unethically Commodifies
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Deutsch, A. L. (2014). Sexual Self-Concept: Testing a Hypothetical Model for Men and Women.
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Drabiak, K., Wegner, C., Fredland, V., & Helft, P. R. (2007). Ethics, Law, and Commercial
Surrogacy: A Call for Uniformity. Journal Of Law, Medicine & Ethics, 35(2), 300-309.
Edlund, M., Lindwall, L., Post, I. v., & Lindström, U. Å. (2013). Concept determination of
human dignity. Nursing Ethics, 20(8), 851-860.
Ergas, Yasmine. “Babies without Borders: Human Rights, Human Dignity, and the Regulation of
International Commercial Surrogacy.” Emory International Law Review 27, (1) (April
2013), 117-188.
Fisher, A. M. (2013). The journey of gestational surrogacy: religion, spirituality and assisted
reproductive technologies. International Journal Of Children’s Spirituality, 18(3), 235-
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