Surrogacy As Technological Necessity
Whichever way you look at it surrogacy, also known as artificial insemination, or in vitro fertilization (IVF) portrays man (scientists) as “playing God”. From time immemorial natural reproduction has been patented to God, the creator of the universe. If you also patent bareness to God there would be no other conclusion than challenge or “playing God” by man when he, in his research found surrogacy as solution.
Another name for a baby born through surrogacy is ‘Test Tube Baby’ coined through the process of their birth. Two medical scientists that researched and successfully performed this feat in 1968 were: Drs Robert Edward and Patrick Steptoes. The feat was controversial for not being welcomed or accepted by all and sundry. They were called outrageous and satanic names by religious individuals and groups. Similar stigma cleaved on to medical scientists that introduced cloning. According to Wikipedia ‘cloning’ is the process of producing similar populations of genetically identical individuals that occurs in nature when organisms such as bacteria, insects or plants reproduced asexually.
Apart from family planning adopted in modern times, it is also on record that abortion is still a controversial issue across the world. In spite of health and medical benefits that support its acceptance, till date abortion is regarded as unethical practices around religious circles. Perhaps it is for the same reason that heart transplant which is tantamount to losing the patient’s soul is also condemned However, the necessity of surrogacy has become common place globally. The first successful surrogate child, Louise Joy Browne was born on 25th July, 1978 at Oldham General Hospital, in United Kingdom. The ordeal and stigma experienced by Lesley and John Browne, parents of Louise are beyond imagination. Just as much as Louise passed through while growing up, it did not stop a technological necessity whose time has come. Today thousands if not millions of person across the world have gained life on earth through this controversial process called ‘surrogacy’.
Historically pursuit of knowledge and research have been controversial as claims by prophets, soothsayers, clairvoyants; even the birth of twins was a taboo until Mary Slessor intervened and the practice stopped.
In Nigeria, the word ‘surrogacy’ entered the medical lexicon on 11th February 1998 when the first baby born through IVF, Miss Hannatou Kupchi was born. So 17 years down the road more Nigerian babies have been born through that process; courtesy of Dr Wada of Nisa Premier Hospital. The family of Hosea Kupchi are now proud of 17 year old Hannatou who recently gained admission into a medical school in far away Hungary. For her the course of medicine is obvious and logical. A child of medical research wants to be part of that team that brought miracle babies into being, thereby alleviating similar stress her parents went through.
As she embarks on this journey of medical adventure she would soon discover that inspite of the fact that the first tube baby is 37 years old, there are still enormous legal obstacles, stigmatization, cultural inhibitions, religious abomination as well as ethical condemnation.
While I do not pretend even for a moment that my knowledge of medical science is enough to comment on this controversial issue, I am aware that the issue has gone viral and attracted comments from across the globe and all strata of the society. As a student grappling with sociology I had question a British biologist, Charles Darwin who authored evolutionary theory of natural selection that gave credence to the belief that man evolved from apes. So I am a refined ape, or a gentleman whose great grand parents were apes.
On the other hand it is quite soothing and faithful to believe in creation as a grand divine and intelligent design. I have often wondered what could have happened if God had created Adam as a day old baby. It would have been a disaster if one considers the harsh environment in which cave men grew up. It appears that man has successfully ‘created’ day old Adams and Eves because there are human guardians and hospitals to nurture them to full adult lives, the same way natural reproduction proceeds.
For couples that have come to the end of the road in search of natural birth of kids these arguments go to no issue. Having been overwhelmed by a problem which many other couples took for granted, the only comment that appeals to their ears are those concerning the possibility of surrogate baby. And so tell me more appears to be the response of people in this unfortunate situation. First the cost cannot be said to be affordable to average families, as you know cost cannot be a barrier to the affluent. Yet there are legal obstacles but they are not insurmountable when you consult experts.
Generally the legal issues to be considered about surrogacy are quite a handful. As the issue of surrogacy is still strange to traditional people and communities application of modern method becomes a necessity. And that is even more the reason proper binding agreements are required for crisis-free and non-litigation outcome.
It is possible that some communities, organizations or state still do not endorse surrogacy, so first and foremost there must be a conducive legal environment for surrogacy to proceed. A proper agreement would forestall a situation where a surrogate mother delivers after disagreement or willfully retains the child. Then wahala! The agreement would also detail the process of transferring parental rights as well as custody of the baby to the couple that paid for In Vitro Fertilization (IVF). Although the physical state and health of the donor and surrogate mother are medical the necessary consent and process should be a clause in the agreement, including the place of the entire process.
Sometime critics wonder why all those become necessary. I think the answer appears to be application of foresight when occurrences like custody, fostering or adoption of the unborn surrogate baby, in the event of death or disability of the couples, till the baby becomes an adult.
Other issues like care of the baby in the case of serious medical condition after birth; or breaking down of the surrogate’s health before the birth of the baby. Reproductive rights include legal rights and freedoms relating to reproduction and reproductive health of women. They are human rights to be protected in surrogacy agreements because they are incidental to this technological necessity.
Iyke Ozemena
IKECHUKWU O. ODOEMELAM & CO
Corporate Attorneys/Consultants