Q&A: Surrogacy
Surrogacy
Question
After last week’s extreme belligerence, over the weekend I found two articles that present data and considerations relevant to the issue, and so I’d be glad to hear what you think.
http://www.israelhayom.co.il/opinion/574693
http://www.maariv.co.il/journalists/Article-653330
Answer
Hello S.,
I’m familiar with the arguments and I don’t accept them.
The committee’s main rationale was to reduce as much as possible the number of surrogate mothers, out of concern for exploitation. I don’t have a principled problem with that consideration (although I’m not sure it’s correct, as I noted in the post. They have the right to make a living as they see fit). But I do have a problem with applying it to men. I don’t see a difference between a woman who cannot become pregnant and two gay men who cannot become pregnant. They also cannot have a child with a woman, because then the parents would not be a couple, so the pretense of distinguishing between the cases sounds to me like a cover for discrimination.
I assume that within the committee itself they also understood that an equal comparison between the populations was impossible because of political constraints, and under that assumption they chose the lesser evil: not to allow men to use surrogacy. But at the end of the day, that is discriminatory and unfair.
By the way, the data claiming that surrogate mothers are usually of a low educational and socioeconomic level is of course nonsense. I could have told you that in advance. Someone who has no livelihood turns to surrogacy. So what have you done now by preventing her from doing it? You’ve left her without an income instead of allowing her to earn a living as she sees fit. That is paternalism which, as usual, harms the very people it claims to protect.
Incidentally, in the Mor-Yosef Committee itself there was a minority proposal (including Steinberg and Halperin, the two religious guys) to allow voluntary surrogacy for everyone. That would reduce the number of surrogate mothers, prevent exploitation, and preserve equality. The proposal was rejected, and it’s not clear to me why. True, even there you would not be allowing those who want this as a livelihood to do so, but in any case that is a consideration that neither the committee nor the public really cares about.
Discussion on Answer
1. Absolutely. With supervision and regulation, of course, so there won’t be any funny business. That is freedom of occupation. A person is allowed to engage for a livelihood in work that puts them at risk, as long as they take the risks into account and make the decision in a reasonable way.
2. Not necessarily. But I don’t have a clear position on that. If surrogacy is allowed for a single woman, then yes.
Are you recommending approving surrogacy only for a gay man who is in a relationship?
3. I myself noted this “contradiction.” What I argued is that if freedom is not being allowed anyway, and they want to reduce surrogacy, then it should be done in an egalitarian way, and voluntariness seems to me like a good way to achieve that. Personally, I think it should be allowed under whatever regulation they deem appropriate.
A few questions:
1. “Someone who has no livelihood turns to surrogacy. So what have you done now by preventing her from doing it? You’ve left her without an income instead of allowing her to earn a living as she sees fit. That is paternalism which, as usual, harms the very people it claims to protect.”
Are you in favor of allowing every citizen to make a living as they see fit by selling a kidney?
2. “They also cannot have a child with a woman, because then the parents would not be a couple”
Are you recommending approving surrogacy only for a gay man who is in a relationship?
3. “In the Mor-Yosef Committee itself there was a minority proposal (including Steinberg and Halperin, the two religious guys) to allow voluntary surrogacy for everyone. That would reduce the number of surrogate mothers, prevent exploitation, and preserve equality. The proposal was rejected, and it’s not clear to me why”
So at the end of the day, are you in favor of surrogacy for anyone and everyone, but only if it is voluntary? (That contradicts what was said in the quote in section 1.)