Is it time for Scotland to talk about commercial surrogacy?
Meghan Trainor’s new baby via surrogacy has sparked a debate online about the ethics of the practice.
Surrogacy is a topic that divides people - is it a modern way to have children, or is it a way of exploiting women?
That particular conversation has come into sharp focus this week when American singer Meghan Trainor welcomed the arrival of her third child Mikey Moon via surrogacy.
She posted an image on Instagram of herself on a hospital bed crying with the newborn baby in her arms.
The 20,000 comments the post received are mixed. While some are congratulating her, others are criticising her decision to use surrogacy.
Some of the backlash is also aimed at the style of the photo, attacking her for trying to pose like she was the one who gave birth.
She explained her reasoning: “It wasn’t our first choice, but we had endless conversations with our doctors on this journey and this was the safest way for us to be able to continue growing our family.
“We are forever grateful for that option.”
She added: “I want people to know that surrogacy is just another beautiful way to build a family.
“It’s not something to whisper about or judge. It’s rooted in trust, science, love, and teamwork.
“Every family’s journey looks different, and all of them are extremely valid.”
Meghan Trainor has also spoken openly in the past about the complications she faced in her two pregnancies, including suffering from PTSD.
She is not the only celebrity to be criticised for this - actress Lily Collins and Olympian Tom Daley have also been panned online for this.
There are a lot of rights and emotions involved in this difficult conversation. For those with infertility issues it can be the answer to their prayers. Others liken it to womb rental, and say it can be exploitative.
As surrogacy becomes more and more popular, a conversation needs to be had on what to do in Scotland.
Commercial surrogacy, where a woman is paid for being a surrogate, is illegal in Scotland - but surrogacy itself is legal, as long as the surrogate is not paid for anything other than reasonable expenses such as travel and treatment costs.
Once the child is born, those intending to become the child’s legal parents must apply for a parental order within six months of the child’s birth and the surrogate, who is the child’s legal parent when the child is born, must also agree to this within six weeks of the birth.
The Law Commission of Scotland has previously recommended a number of measures which would allow the intended parents to become the legal parents straight from birth.
Some want to see surrogacy banned outright - last year Ash Regan MSP lodged a motion in parliament to have it banned over its “ethical, legal and human rights implications”. In August Reem Alsalem, the UN special rapporteur on violence against women and girls, published a report calling for surrogacy to be banned as well.
But perhaps regulating commercial surrogacy is a conversation worth having in Scotland. Yes, commercial surrogacy has the potential to be exploitative, particularly for poorer women. But having legal regulations put in place may be a good way to avoid this exploitation.
It is a difficult conversation for politicians to have, and a debate most probably want to avoid wading into. However, as this becomes more normalised, having the conversation early on could bring long-term benefits.
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