Ethical and Legal Perspectives of Surrogacy in Developed and Sub-Saharan Countries: Case of Australia and Kenya

Surrogacy is a complex and sensitive subject that raises ethical and legal issues. It is a controversial subject whose implications are numerous. Legalization has been proposed as a solution, but it may not be the absolute answer. A possible way out of the intricacies is a well-coordinated system that takes cognizance of the rights of all involved parties. This chapter focuses on the ethical and legal perspectives of surrogacy. Legal and regulatory frameworks governing surrogacy have been discussed with an emphasis on the ethics of surrogacy. The need for surrogacy is occasioned by infertility. Surrogacy is a solution to infertility and an adoption option. It is either altruistic or commercial, depending on the laws of different states. Emerging ethical concerns are the right to dignity, autonomy, justice, and compensation. To deal with emergent ethical issues, some countries have laws that determine the judicial process, and where laws are lacking, couples are left at the mercy of the courts. The nonexistence of laws exposes women and young girls to human rights abuse and exploitation. An internet search was conducted on PUBMED and Google Scholar databases and the research stepwise approach that embraces integration, interdisciplinarity, and transdisciplinarity. The final part of this chapter suggests solutions to the ethical complexities of surrogacy. The solutions include legalization and review of laws, development of guidelines for assisted reproductive technologies, education of interested parties, provision of fertility care, and development of health policies. A framework has been developed to help in the management of surrogacy.