Kan legalisering av surrogatarrangemang förändra synen på genetiskt/biologiskt moderskap? : Could the legalisation of surrogacy arrangements change the view on genetic/biological maternity?

Sammanfattning: Surrogacy arrangements have become an option for many involuntarily childless couples. Although surrogacy arrangements are not regulated in Sweden, there is an implied prohibition contained in the Genetic Integrity Act which makes it impossible to facilitate such arrangements under the Swedish health care system. However, many couples go abroad to fulfill their dream of having a child. The paper discusses whether surrogate arrangements can change the view of biological / genetic motherhood. The unwritten maternity presumption makes it difficult to determine the legal parenting of children born through surrogacy arrangements, which puts the child in a lawless position. Why have surrogate arrangements become controversial? The motherhood presumption has been used as a way to mark ethical resistance to surrogate arrangements. This is evident partly from preliminary work on the presumption and the presumption and it´s definition. Arguments that are weighted heavily for the legislation are that surrogate arrangements can be harmful to women and children and that it is considered a violation of the human dignity principle. The legislator believes that a woman's body is used in such cases as a means of achieving someone else's goals. The legislator also states that it can be difficult for the birth woman to give up the child during the exchange. There are different ways to implement a surrogate arrangement and one is considered better than the other. The debate that has been made in Sweden has been that; either both forms, altruistic and commercial surrogate arrangements should be banned, or that they should only allow altruistic surrogate arrangements. Altruistic for some is considered more accepted because this form of surrogate arrangement is about a woman carrying the child without agreeing on money in exchange. In commercial surrogate arrangements, the woman carries the child in exchange for compensation, which is not considered acceptable in society. One problem that is highlighted in the paper is that there are clear differences between commissioning father and commissioning father with genetic linkage to the child in surrogate arrangements. The differences arise when the parties are to be determined as legal parents. Based on practice it appears that men's genetics are recognized to a greater extent than women by the legislature. The genetic mother becomes powerless without the consent of the genetic father. As a result of our investigation, we believe that surrogacy arrangements need regulation in Sweden. What is considered most ethically justifiable is to legalize altruistic surrogacy. When egg donation was legalized in Sweden the same discussion took place as it is today with surrogacy arrangements, whether it is ethically justifiable or not. Today egg donation is not unusual when a woman´s eggs are unusable, and we believe the future will be the same for surrogacy arrangements. Surrogacy arrangements will be normalized in society and therefore the legislation should also keep up. The view of who the child´s mother is will be expanded, and more people will be involved, if surrogacy arrangements are legalized. The child will have the opportunity for a larger network of parents and in altruistic contexts, the woman who carries the child will have a close connection without being a legal parent and guardian.