The Surrogate in Commercial Surrogacy: Legal and Ethical Considerations

Surrogacy is the term most often used to describe arrangements in which a woman who is, or is to become, pregnant agrees permanently to surrender the child(ren) born of that pregnancy to another person or couple (the commissioning persons(s)).¹ Surrogacy may be 'altruistic' (where the surrogate receives no payment or restricted reimbursement of 'reasonable expenses' associated with her pregnancy) or 'commercial' (where the surrogate is paid a fee beyond expenses and costs).² Over the past half century, as assisted reproductive technologies developed,³ and commercial surrogacy occurred in some jurisdictions, ethical and legal issues surrounding the practice were hotly debated.⁴