Surrogacy in The Netherlands: can a surrogate remain autonomous in a regulated surrogacy market?

Abstract

With a new law proposal for surrogacy in The Netherlands that still needs to be adapted before it will be discussed in parliament it is important to ask questions about how we want to approach gestational surrogacy in The Netherlands. An important concern is if the surrogate will be able to act as an autonomous agent during the surrogacy process. In this thesis the question will be answered if a regulated surrogacy market that respects the surrogate’s autonomy can be an alternative to altruistic surrogacy in The Netherlands. The aim of this thesis is to take a first step in arguing that a regulated surrogacy market is preferable over altruistic surrogacy under specific circumstances that will be outlined in this thesis. Several arguments against a surrogacy market will be discussed. These include concerns about the bond that may develop between the surrogate and the fetus, the role of the identity of the surrogate in this process, concerns about the surrogate changing her mind and the impact of the patriarchal and capitalistic society on the ethical permissibility of altruistic surrogacy in The Netherlands. A first step will be made in proposing a regulated surrogacy market that is built on a the distinction between fetus and child stating that the surrogate is responsible for the fetus and the intended parents for the child.