Neither altruistic nor commercial surrogacy is allowed in Sweden but neither is it forbidden for Swedes to travel abroad for surrogacy arrangements. The debate on allowing altruistic surrogacy in Sweden has grown and changed in recent years, from being seen as an unusual method of reproduction to becoming a major family policy issue. In a 2013 report by the Swedish National Council on Medical Ethics aimed at examining the permissibility of altruistic surrogacy, all members of the council agreed that commercial surrogacy is not ethically justifiable. Arguments against commercial surrogacy included the fact that it takes place under exploitative and coercive conditions. Hence, Sweden would never allow commercial surrogacy. However, the majority considered that altruistic surrogacy could be justifiable under certain conditions. The arguments about whether altruistic surrogacy can violate human rights are not as numerous. This chapter examines the arguments for and against allowing altruistic surrogacy in Sweden by analysing literature and newspaper articles debating the issue. These arguments are assessed against three ethical principles, namely respect for human dignity, self-determination and self-ownership, to determine whether or not altruistic surrogacy should be allowed in Sweden. Analysis shows that the pro-surrogacy side claims that a ban on altruistic surrogacy risks limiting women's right to self-determination and self-ownership over their own bodies. The anti-surrogacy side argues that allowing altruistic surrogacy violates our human dignity, namely that as humans we should be treated as ends and not as means. What emerges is that both sides of the altruistic surrogacy debate see as problematic the current Swedish legislation that neither prohibits nor allows surrogacy. Both argue that this risks leading to Swedish citizens continuing to travel abroad to use commercial surrogate mothers who are often mistreated and exploited. But here the pro-surrogacy side argues that the solution is to allow altruistic surrogacy to stop Swedes from travelling abroad. The anti-surrogacy side argues that allowing it would not reduce the number of trips abroad and a total ban on surrogacy is the solution. The chapter concludes with an assessment of the arguments and their respective value, particularly focusing on women’s rights.

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Surrogacy: A Question of Women's Right to Self-Determination or Exploitation of Women's Bodies?

  • Maja von Bolton

摘要

Neither altruistic nor commercial surrogacy is allowed in Sweden but neither is it forbidden for Swedes to travel abroad for surrogacy arrangements. The debate on allowing altruistic surrogacy in Sweden has grown and changed in recent years, from being seen as an unusual method of reproduction to becoming a major family policy issue. In a 2013 report by the Swedish National Council on Medical Ethics aimed at examining the permissibility of altruistic surrogacy, all members of the council agreed that commercial surrogacy is not ethically justifiable. Arguments against commercial surrogacy included the fact that it takes place under exploitative and coercive conditions. Hence, Sweden would never allow commercial surrogacy. However, the majority considered that altruistic surrogacy could be justifiable under certain conditions. The arguments about whether altruistic surrogacy can violate human rights are not as numerous. This chapter examines the arguments for and against allowing altruistic surrogacy in Sweden by analysing literature and newspaper articles debating the issue. These arguments are assessed against three ethical principles, namely respect for human dignity, self-determination and self-ownership, to determine whether or not altruistic surrogacy should be allowed in Sweden. Analysis shows that the pro-surrogacy side claims that a ban on altruistic surrogacy risks limiting women's right to self-determination and self-ownership over their own bodies. The anti-surrogacy side argues that allowing altruistic surrogacy violates our human dignity, namely that as humans we should be treated as ends and not as means. What emerges is that both sides of the altruistic surrogacy debate see as problematic the current Swedish legislation that neither prohibits nor allows surrogacy. Both argue that this risks leading to Swedish citizens continuing to travel abroad to use commercial surrogate mothers who are often mistreated and exploited. But here the pro-surrogacy side argues that the solution is to allow altruistic surrogacy to stop Swedes from travelling abroad. The anti-surrogacy side argues that allowing it would not reduce the number of trips abroad and a total ban on surrogacy is the solution. The chapter concludes with an assessment of the arguments and their respective value, particularly focusing on women’s rights.