Surrogacy

Abstract

Surrogacy is a controversial issue that is the reason why it is treated differently throughout the world. This is related to the fact that this topic involves a lot of moral and ethic aspects. That can be confirmed in following facts, for example there are still people who compare surrogacy with baby selling and prostitution. On the other hand there are others who say there should be freedom of contract and women should be allowed to sell their body. In a lot of countries there is a ban on surrogacy contracts. Other countries on the other hand have no regulation, so that the parties operate in a grey area. Surrogacy is for most couples the last way to have children that makes them a target for exploitation. Although the couple seems to be in a weak position most views in exploitation lays on the woman who agrees to bear a child. The question is can a surrogacy contract be treated like a normal consumer supplier contract? Should it be treated differently? The first part of the paper will show a definition of surrogacy and why it is still an option although it is controversial. It will point out that most of the couples use surrogacy as the last solution. This paper will conclude that children are not harmed through such a contract and surrogates are not exploited. In part IV this paper presents the legislation in New Zealand. It starts with the NECHAR which submits guidelines regarding surrogacy followed by the HART Act which is the only New Zealand regulation. It then goes on with case law which were the template for the regulation. In part V surrogacy agency will be introduced and how the balance between the parties can change when a surrogacy agency is involved. In part VI of this paper there will be examples from other jurisdiction and how they treat surrogacy and the problems which occur. It will describe that a complete regulation is possible. On the other hand the most security can be produced when surrogacy is completely banned. In the conclusion there will be suggestions how the legislation in New Zealand could be changed without banning surrogacy.