Surrogacy has always been a complex subject with multiple layers because what works in one case doesn’t always end up working in another case. Every single time, the elements are unique, and thus the rules that apply to each scenario might differ, even if slightly. Because at the end of the day, what matters the most is what is best for every single person involved in making the deal.
This is exactly what makes it so complex. Because you have to make sure that the expectant parents are not intimidating the biological mother, either by money or by influence, and also ensure that the mother is not being coerced into making that decision. That’s one important thing.
Not just there. It also has to be established that the prospective mother doesn’t plan to scam them. Some would simply take the money and later change their minds. Or would go on to extort and blackmail them as time goes on. Such is the case of what could happen. That’s why both parties come at this with lawyers, and they sign all manner of forms so that at the end of the day, everyone is happy.
But then, when all is signed and stamped, can the biological mother still change her mind? Omo, the thing is, the correct answer differs from place to place. In places where the surrogacy contracts are legally binding and, as such, enforceable by law, the mother won’t be able to change her mind. The prospective parents will also be considered the legal parents right from the outset.
However, there are areas where the contracts signed are not legally binding, and the biological mothers are given six weeks to change their minds. This means that after everything, the mothers can still change their minds about giving up their children. Although this will also mean that they get to refund everything that they got from the parents, and also pay for expenses incurred during the process.
So, in the end, what matters the most is that everyone is happy with the deal. Because anything can happen. The surrogate mother may develop a bond with the baby during the pregnancy stage and start reconsidering her options. This can happen, things can change, and people will need to start reconsidering some deals and agreements. Some get the money, and suddenly realize that it won’t replace the feeling of knowing that you willingly gave up your child for money.
So, while there are indeed ethical concerns, I side with the law on this. Everyone involved should use contracts and signatures to protect themselves. And if anyone should default unless there is a legal reason to that effect, then they will pay the penalty for it. There will be a full refund plus compensation for damages or expenses incurred during the entire process. I believe that if everyone is being held accountable like this, there will be fewer cases of people changing their minds. And those who do so, will have a genuine one.
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N.B: All images used in this post are mine. The thumbnail was designed using Canva.