Article

Emerging Legal and Ethical Concerns in Modern Surrogacy

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Abstract

Surrogacy at its start represented a revolutionary medical advancement that could help more women start a family. But as it developed in response to incredible demand, legal regulation was forced to play catch-up. Today, surrogacy occupies a contested space in the world of reproductive autonomy. The expansion of assisted reproductive technologies has exposed unresolved ethical and legal tensions concerning bodily autonomy, exploitation, parentage, and the commodification of reproduction. This article will examine how the legal frameworks governing surrogacy affect the lives of the women who carry the fetus, and the women who pay for the service. I will delve into several regulatory approaches and explore persistent challenges, including disparities in bargaining power, cross-border surrogacy, and commodification. By situating surrogacy within broader debates about reproductive justice and market demand, this article argues that existing legal regimes inadequately address the ethical complexities of surrogacy agreements. It concludes by exploring several guiding principles for a more ethically just legal framework that protects surrogates from exploitation while respecting reproductive choice and ensuring stability for children born of surrogacy.

Keywords: surrogacy, legal, ethical, concerns