Surrogatmoderskap - En kritisk analys rörande en eventuell legalisering med särskild inriktning på surrogatmoderns perspektiv

Sammanfattning: Ever since the middle of the 1980s when artificial insemination was given attention surrogacy have been much-disputed in Sweden, but so far surrogacy is not legal in the country. However in June 2015 a government investigation will be published which will convey whether or not surrogacy should be legalised and if so how the arrangement should be regulated. Statens medicinsk-etiska råd published a report in 2013 which states that altruistic surrogacy should be legalised since this is considered ethically acceptable. Altruistic surrogacy is in general regarded as more acceptable than commercial surrogacy since it is supposed to be voluntary and without profit motive. However there is also some criticism addressed to this form. Among others some argue that dispite altruistic surrogacy being regulated former examples display a stretch towards commercial surrogacy through payment under the counter. It is also considered difficult for surrogate mothers to express an informed consent since the long-term consequences of the arrangement is largely unknown. In both the UK and in USA surrogacy have been legalised for a long time in varying forms. In the UK, where altruistic surrogacy is legal, the woman who carries the child always become its legal mother at birth, no matter if she is the genetic mother or not. This guarantees a certain security if conflicts should arise. In USA the regulation is greatly varied in the different states and many surrogacy cases have divers outcome, ranging from the court taking the surrogate mothers wish into consideration to focusing on a binding surrogate contract and genetic connection. The reasoning around surrogacy and its legalisation often focus on whether the arrangement violates the principle of human dignity, if it might lead to exploitation and what is in the best interest of the child. Since studies regarding the long-term psychological consequences for the surrogate mother is few this aspect is frequently kept in the dark despite many cases where the surrogate mother has changed her mind and later on reported depressive mood. This is something many argues should be taken seriously when discussing a legalisation of surrogacy. Whether or not surrogacy is considered acceptable it is not possible to obscure the complex of problems by making the arrangement illegal in the country since infertile couples nevertheless will turn abroad, something that is not sustainable. Instead it might be better to adopt a thorough regulation which includes an aptitude test of the surrogate mother, which takes all parties interest into account and which clearly states how the right of withdrawal is handled. It is furthermore essential to undertake more scientific surveys regarding the long-term effects of surrogacy since several women previously have made a connection with the child and have experienced depression after giving birth.