Surrogacy is a reproductive practice that involves a woman (the surrogate) carrying and birthing a child for someone else (the intended parents). While it offers a pathway to parenthood for those who cannot conceive or carry a child, the intersection of surrogacy and human rights presents a complex and multi-faceted debate.
That said, we will discuss in the following sections whether or not surrogacy comes as some kind of violation of any human right.
Surrogacy and Human Rights: An Overview!
The right to form a family is a fundamental right in almost every country around the world.
That said, this right is mentioned in various international human rights treaties, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
Moreover, for people experiencing infertility, single individuals, and same-sex couples, surrogacy in Colombia and many other countries can fulfill this fundamental human right.
However, it is crucial to consider the potential negative implications, particularly for the surrogate mother and the child.
The Rights of the surrogate mother
The rights of the surrogate mother in Colombia or any other nation are a central concern in the surrogacy debate. That said, the surrogate’s right to health, right to work, and the prohibition of discrimination are really crucial. Besides, the surrogacy process must ensure the physical and psychological health of the surrogate. Unfortunately, these rights can be undermined, particularly in commercial surrogacy contexts, leading to instances of exploitation and commercialization of women’s bodies.
For instance, some women in developing countries like Colombia might feel pressured to become surrogates due to economic hardship. As such, informed consent becomes a critical human rights issue, with surrogates in Colombia needing a comprehensive understanding of the medical, emotional, and legal implications of surrogacy.
Another key concern is the surrogate’s right to change her mind. While it is vital to protect the intended parents’ rights, respecting a surrogate’s autonomy and her right to withdraw consent is also crucial. Moreover, how this issue is handled in legal agreements and legislation varies globally, but it remains a contentious human rights issue.
The Rights of the Surrogacy Child
Further, the child’s rights require careful consideration. That said, the UN Convention on the Rights of the Child highlights the child’s right to know their parents and maintain a relationship with them. Besides, in surrogacy, questions about the child’s identity, their relationships with the surrogate, and the intended parents become complex. Also, ensuring that the child is not subjected to trafficking or sale and that their best interests are always paramount, is crucial.
Legal issues during a surrogacy program
Legal issues around surrogacy also pose human rights challenges. With diverse legislation globally, some surrogate mothers and intended parents may find themselves in legal issues. For example, in countries where surrogacy is not legally recognized, children born via surrogacy can face difficulties with citizenship and parentage rights. Moreover, this legal insecurity infringes on the child’s rights and underscores the need for clear, comprehensive legislation on surrogacy.
Given these complexities, surrogacy in Colombia or any other country should be managed with a rights-based approach, respecting and protecting the rights of all parties. Besides, clear and comprehensive legislation, informed consent, fair compensation, and ongoing support for the surrogate are vital. Moreover, ensuring transparency in the process and maintaining the best interest of the child is imperative.
Hence we can say that surrogacy intertwines with various aspects of human rights in complex ways. Also, balancing these rights and addressing potential negative implications necessitates careful thought, robust legal frameworks, and ethical practices. Furthermore, with the right approach, surrogacy can serve as a pathway to parenthood while upholding the human rights of all involved.
How Surrogacy never violates any human right?
Surrogacy is a contentious topic with many facets, and the answer frequently depends on the particular situation at hand as well as relevant moral considerations. That said, we can claim that surrogacy does not always violate human rights for the reasons listed below:
Right to Create a Family: According to Article 16 of the Universal Declaration of Human Rights, the right to create a family is one of the human rights that can be upheld through surrogacy. Moreover, this may be especially important surrogacy for same-sex couples, single people, and infertile couples who might not be able to conceive biological children without assisted reproductive technologies.
Respect for Autonomy and Free Will: When discussing human rights, the principle of autonomy, which upholds a person’s right to make an independent decision without compulsion, is essential. Besides, some contend that a surrogate’s free consent to carry a child for someone else after being fully informed is an expression of her autonomy. This, however, is based on the presumption that the surrogate has been given all pertinent information, that she is not the subject of undue pressure or coercion, and that she has the freedom to change her mind.
Right to Work: According to some, a woman has the right to engage in surrogacy. Well, as per this viewpoint, a surrogate mother has the right to use her body however she sees fit in order to make money, provided that it doesn’t harm her health or well-being.
Protection under Legal Frameworks: Surrogacy can offer protection for all parties involved when it is carried out within a robust, moral, and thorough legal framework.
That said, this entails making certain the surrogate meets certain age requirements, has impartial legal counsel, receives appropriate medical care, and gives informed consent. Besides, it also entails establishing the legal responsibilities and rights of the intended parents, guaranteeing that the child’s best interests are taken into account in all decisions, and avoiding commercial exploitation.
Final words
It’s crucial to remember that surrogacy customs and legal frameworks differ greatly across the globe. Besides, surrogacy or any other country can occasionally give rise to serious issues with human rights, especially if the surrogate’s consent was not given voluntarily or fully informed, if she was taken advantage of, or if her health and well-being were not safeguarded. Likewise, it is crucial to protect the child’s rights and best interests which is possible with the help of an ethical international surrogacy agency. That said, the legal, moral, and medical framework in which surrogacy takes place has a significant impact on our ability to ensure that it respects human rights.
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