Surrogacy was once again at the center of controversy and public debate when the most famous actress, businesswoman and biologist in Spain, Ana Obregón, announced that she once again assisted the mother of a girl through this method of reproduction. Since then, all kinds of opinions and information have arisen about the event, including its legislation and the possible modification of the legal framework in Spain, which now prohibits this practice. Positions remain divided, although part of society has placed itself altruistically in the area of surrogacy, a part of which, as its name indicates, is altruistic in which the woman who carries a child receives no financial remuneration. yes, but rather from a desire to help two or one who cannot have children of his own. Others do not support this idea because they think that in practice this type of option is marketed in one way or another, attacking the dignity of vulnerable women. Could it be controlled by certain parameters in our country?
Now, as we have said, Spanish legislation does not allow the practice of surrogacy, whether altruistic or commercial. In fact, the Assisted Reproduction Law establishes that assisted reproduction techniques are only allowed in which the donor gametes belong to the reproductive couple, therefore surrogacy is explicitly prohibited. However, the new Code of Medical Ethics contemplates altruistic pregnancy as an option that does not fall into the dark reality of surrogacy, where doctors referred to this practice in articles 65.1 and 65.2. In the first case, they reject carrying out a substitution in which there is an economic benefit, and in the second case, when it is altruistic, they accept it.
Article 65.1: “Substitution of pregnancy with compensation is contrary to medical ethics. The commercialization of a woman’s body violates her dignity.” While point 2 of the same article states: “Altruistic surrogate pregnancy is not against Medical Deontology, as long as the woman’s dignity and the best interests of the minor are preserved, with appropriate supervision and control by the National Assisted Reproduction Commission.” “.
PP, to discuss
Also, the current leadership of the party led by Alberto Núñez Feijóo believes that it is consistent with the position of the party in the 17th National Congress to open a deep and peaceful debate on the organization of surrogacy. There are opinions in the party for and against regulating this practice, and it is recognized that it is necessary to continue to discuss it.
Of course, they agree that “trading” is a taboo subject that they can’t talk about and there’s a red line that shouldn’t be crossed. But they want to discuss other cases and study the pros and cons of surrogacy. Of course, he asserts that “it is necessary that it cannot be some kind of solution” and it cannot be “advantageous”.
This possibility is open because there is a vacuum around this matter, since there are families that make trips to other countries for this purpose and then the consulate appoints Spanish children. Some of them will have to be regulated due to the existing ambiguity about some of the ways that the laws in this matter end up being avoided.
How can it be controlled?
First of all, considering pregnant women, the first step to regulate surrogacy is to recognize and protect the autonomy, integrity and sexual and reproductive security of the pregnant woman, and prioritizing freedom of decision, which includes the option to change. sometimes your mind However, other parties think that the altruism in these processes is a myth that wanted to end the trade, becoming a “black market” for children (which is already happening in other countries like India or some states in Mexico).
And so, because of these abuses and abuses, some people closed the door to outsiders. Some examples are Thailand, India, Africa, Mexico and Denmark, where surrogacy is only allowed to nationals. The Spanish model should be more in line with other countries such as Ireland, Britain and Australia, where it is practiced altruistically and within the national market. Even in Canada, but here they make the expenses with the pregnancy eligible.
Despite these examples, according to detractors, altruism in surrogacy is illegal in Spain, because motherhood and the woman are linked by law. The delivery of a child can only be through adoption, which makes emotional consent and good faith legally impossible.
As for cost, it will never be a completely altruistic process. If we look at the case of Britain, even the altruistic model, certain solutions must be agreed with the deputy in advance. In addition, the costs of fertility should not be included, which would already make the business, and salaries (in the event of a court decision to adopt legal parents as surrogate parents). This is important, since in the United Kingdom a legal surrogate mother is considered by all means, if this type of paternity claim is not carried out, a process that can be legally involved.
In addition to this, it should be noted that, generally speaking, there is no NHS funding available for surrogacy arrangements, which must be privately funded. It is therefore difficult to calculate the total surrogacy contract in the UK, because it depends on the payments made with the surrogate in advance.
As above, this legislation prohibits commercial surrogacy arrangements. It is often believed that an amount of £15,000 is close to the amount that should be paid for reasonable replacement costs. However, there is no fixed law and what is considered reasonable depends on each case. General expenses would include:
All this is discussed and the mechanisms to be established in our country require a long and complicated plan. On the other hand, as we have said, the pregnant woman must exercise her rights, which at any time could come out, to define the approaches and ways to this artifice, and to forbid both applicants and pregnant women; reproductive tourism. In addition, the economic market surrounding technology-assisted generation in Spain needs to be reviewed in depth.