Judge urges regulation of surrogacy support services

Judge urges regulation of surrogacy support services

 

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Emotional struggle

For any couple who want a baby but are unable to conceive, the road to realising their dream of parentage represents a long, complex and emotionally draining struggle, according to the BBC.

While there are now several options which may be available to some childless couples, including adoption, fostering, IVF treatment and surrogacy, Professor Susan Glolmbok, writing for the news source, warns: "A couple may find they change their minds from day to day and not always in unison.

"If this happens, it is important for one partner not to put pressure on the other. Time needs to be taken to reach a decision."

For those unable to conceive, the condition of being childless may lead to intense emotional upheaval, according to Katrina Guckian, who at the age of 27 underwent an emergency hysterectomy following a diagnosis of cervical cancer.

Ms Guckian told the Edinburgh Evening News: "I do feel guilty, I have said so to my mum and dad […] I have told them I am so sorry I won't be able to give them grandchildren […] I have always wanted to have children […] I was devastated. "

She added that the support she receives from family and friends is paramount to her continued ability to cope with her infertility.

Men and women dealing with the impact of infertility can access emotional support 24 hours a day via services such as the Samaritans helpline, which offers people the time and space to explore their feelings in confidence and figure out a way forward.

 

Surrogacy regulations

The emotional impact of childlessness on those seeking to become parents has been placed back in the spotlight recently, after calls from a High Court Judge for greater regulation of services designed to provide support to those considering surrogacy.

Speaking on the BBC's File On 4 programme on January 27th, about a recent case involving surrogacy, Mr Justice McFarlane commented: "I did express concern that […] agencies […] were not audited or regulated in any way as to the quality of advice that they gave to couples approaching them for their service.

"I was sufficiently concerned to send a copy of the judgement to the government department in the hope that they could look more carefully at the whole range of these cases and decide whether there was a need for some form of modest regulation or checking of the competence and the level of functioning of the service that is provided."

The Department of Health responded to Mr McFarlane's comments by announcing it would consult with a variety of agencies and examine the case for the creation of an official regulatory body for surrogacy services.

The Department of Health noted that many surrogacy support groups are operated on a voluntary, rather than professional, not-for-profit basis, offering unregulated advice. It is possible that the outcome of the investigation could see surrogacy brought under the current regulatory remit governing human fertilisation and embryology, the BBC reports.

 

Surrogacy risks: parents

Carole Horlock is a 12-time surrogate mother who was also recently interviewed by File On 4. She used the opportunity to warn potential parents that the lack of regulation in the UK means they may find themselves being exploited by the surrogate, causing further emotional strain.

Ms Horlock is quoted by the BBC as saying: "Some surrogates do take advantage of their situation.

"I put an advert on the web and heard from a British woman looking for a surrogate with a list of stipulations […] I had to be under 35, mustn't have had any caesareans, mustn't have had more than five pregnancies and I mustn't be asking more than 50,000 euros – at which point I was thinking 50,000 who is asking this?

"Obviously some surrogates who are advertising on the net must be asking this otherwise the woman would not have said this – that is an extortionate amount of money."

According to the BBC, it is illegal for a surrogate mother to claim any payment other than expenses. However, UK courts currently do not acknowledge contracts laying out the specifics of a surrogacy arrangement as legally binding. Ms Horlock claims this can lead to some surrogate parents adding on unexpected extra conditions through the course of the pregnancy.

She states: "They will ask for extra things such as a holiday for their family – I think it is totally unacceptable for surrogates to hold couples over a barrel."

 

Emotional risk: surrogates

Ms Horlock claims to have only ever accepted expenses in return for carrying surrogate children and says the experience of helping others provides enough reward.

She said: "When I first read about surrogacy I thought what a wonderful idea […] I am pleased to be part of helping somebody have the babies they want so desperately."

However, she also acknowledges the emotional impact being a surrogate parent can have, telling the BBC that during her first surrogate pregnancy she feared she may suffer emotionally after handing over the child to its parents.

Ms Horlock's personal experiences also bring to light another aspect which those considering surrogacy may be unaware of. Following tests during one of her pregnancies, she was informed that the child she was carrying on behalf of a couple had her partner's DNA, and incident which prompted her to go public.

She says: "I didn't want to keep quiet about it as it needs to be discussed as part of the counselling couples receive before surrogacy."

 

Questions

Writing for the BBC, Professor Glolmbok recommends that anyone considering using a surrogate mother in order to become a parent should ask themselves several important questions before deciding if this really is the correct choice for them.

These include: whether potential parents would feel able to explain their surrogacy decision to family, friends or any other children they already have; how mothers would feel about not carrying their own baby during the pregnancy; whether they could cope if their surrogate pregnancy resulted in twins or triplets; how the handing over process will work; to what extent, if any, the surrogate mother will be involved in the child's life, and whether this would have an emotional impact on the family unit.

Anyone experiencing emotional distress can call the Samaritans for confidential emotional support seven days a week on 08457 90 90 90 (GB) or 1850 60 90 90 (ROI).

 

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These news stories relating to emotional health issues are presented here for information purposes only, and does not constitute official Samaritans policy. All stories are © Adfero. Material is intended for general reference only. No liability is accepted for any errors, or for any losses that may be incurred if any material is relied on.