Paying for pregnancy: an ethical and legal analysis of commercial surrogacy in New Zealand

Abstract

Commercial surrogacy is a valuable practice with the potential to benefit many people. Restricting it interferes with person's rights of procreational liberty, autonomy and freedom of contract. Arguments that it harms children, exploits women, commodifies women and children and reduces altruism in the community do not stand up to scrutiny, and do not provide justification for the interference with those rights. Any risks associated with commercial surrogacy can be adequately dealt with by sufficient regulation. Thus the prohibition on commercial surrogacy in New Zealand should be lifted, and New Zealanders should be able to access commercial surrogacy if they so wish.