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Commercial Surrogacy

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Commercial surrogacy is illegal in all States in Australia. The NSW Equality Bill however would remove bans on commercial surrogacy arrangements if they take place outside of Australia. This is an underhanded move, as Greenwich attempts to circumvent the federal ban on commercial surrogacy within Australia by offering a back-door option. 

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Mr Greenwich’s proposed amendments do not consider the best interests of women and children. The proposed amendments to the Surrogacy Act 2010 by the NSW Equality Bill facilitates the commercialisation and exploitation of women and children and erodes existing legal safeguards. The banner of it's in the “best interests of a child” to legitmise children created overseas, because people have a right to make a baby, due to infertilty, same sex couples or single people. But it is not serving the 'best interests of a child' if one is creating a child with the end goal to separate that child from their birth mother.  There is significant harm in that process. Nor should the buying and selling of babies be tolerated wherever it occurs, you do not have a right to be a parent at the expense of trauma, illhealth or the death of others.  Commercial surrogacy is happening in Australia and penalties have not been applied. To the extent that any state regularises the status of families created through such trade, it becomes complicit in a form of child trafficking.  

 

The Commercial Surrogacy Process
Like many you may not understand the basics of what commercial surrogacy entails...
Commercial surrogacy is a contractual arrangement that involves a surrogate mother who has chosen to “rent out” her womb to a couple who desires a baby. The surrogate mother is impregnated with embryos created from the eggs of the intended mother, an egg donor or herself and a sperm donor or the sperm of the intended father. The surrogate mother is then paid by the couple to carry the baby in her womb to term, and once born, the baby is given to the couple to raise and care for as their own.

While it may seem like a compassionate solution for infertility, commercial surrogacy is first and foremost an industry open to exploitation, raising significant ethical and human rights concerns, particularly regarding the impact on children and surrogate mothers.


The Requirement for an Egg Donor

In gestational surrogacy scenarios, particularly those involving same-sex couples, the use of an egg donor is a common requirement. The egg must be obtained from an independent third party to ensure that the surrogate mother retains no legal parental rights. By separating the roles of the egg donor and the surrogate mother, the law does not recognise either as the biological mother, and neither has any legal rights to the child.

The Challenges of Surrogate pregnancy

To enable successful embryo implantation, surrogates undergo extensive medication regimens, including immunosuppressants to prevent rejection of the embryo. These conditions categorize the surrogate's pregnancy as high-risk, elevating the chances of complications such as gestational diabetes, high blood pressure, restricted foetal growth, pre-eclampsia, premature labour, and even maternal mortality. The overlooked tragedies of surrogate mothers like Brooke Browne, Crystal Wilhite, and Michelle Reaves highlight the urgent need for ethical scrutiny in surrogacy practices.

Surrogacy contracts usually enforce provisions for abortion and “selective reduction,” compelling surrogates to adhere to the biological parents' wishes under potential threats of legal action and financial hardship, as experienced by Brittney Rose Torres and  Melissa Cook  who were coerced into aborting one of the triplets they were carrying. This illustrates that commerce takes priority over humane or ethical concerns in these arrangements.

Postpartum Issues

Following the birth in surrogacy arrangements, there are profound impacts on both the infant and the surrogate. Such infants are at a higher risk for low birth weights and a four- to five-fold increase in stillbirths associated with the use of assisted reproductive technologies.


The practice of separating the baby from the surrogate mother at birth prevents the natural bonding process, which is crucial for the baby's emotional and physical development and the mother's psychological recovery. This lack of initial bonding and skin-to-skin contact, which is vital for stabilizing the baby’s physiological functions and promoting brain development, might contribute to long-term developmental challenges. Studies, including one in the Journal of Child Psychology and Psychiatry, highlight potential adjustment difficulties in surrogacy-born children at age 7, suggesting that the lack of a biological connection during gestation could have lasting effects.

 

Please read the Ethical and Harmful Considerations of Surrogacy​
 

Data Chaos

We ask you to examine following evidence:

 

Effects of Early Life Trauma and Separation
 

1. Early Life Trauma and Neurobehavioral Development

  • Millie Rincón-Cortés and Regina Sullivan, “Early Life Trauma and Attachment: Immediate and Enduring Effects on Neurobehavioral and Stress Axis Development” (2014). Link
     

2. Maternal Separation and Long-Term Effects

  • Xiaoli Feng et al., “Maternal separation produces lasting changes in cortisol and behaviour in rhesus monkeys” (2011). Link

  • A. Dettling, J. Feldon, and C. Pryce, “Repeated parental deprivation in the infant common marmoset (Callithrix jacchus primates) and analysis of its effects on early development” (2002). Link

  • Seymour Levine, “Developmental determinants of sensitivity and resistance to stress” (2005). Link

  • Luisa Diehl et al., “Long-lasting effects of maternal separation on an animal model of post-traumatic stress disorder: effects on memory and hippocampal oxidative stress” (2012). Link
     

3. Physiological and Psychological Stress in Infants

  • Elsevier, “Maternal separation stresses the baby research finds” (2011). Link
     

4. Long-term Impacts of Early Childhood Adversity

  • Jack Shonkoff et al., “The lifelong effects of early childhood adversity and toxic stress” (2012). Link

  • Zero to Six Collaborative Group, National Child Traumatic Stress Network, “Early Childhood Trauma” (2010). Link
     

5. Excessive Stress and Brain Development

  • National Scientific Council on the Developing Child, “Excessive Stress Disrupts the Architecture of the Developing Brain: Working Paper 3” (2014). Link
     

6. Epigenetic Effects of Early Stress

  • Tamara Franklin et al., “Epigenetic Transmission of the Impact of Early Stress Across Generations” (2010). Link
     

Mother-Infant Bonding and Attachment
 

1. Neonatal Sleeping Arrangements

  • Barak Morgan, Alan Horn, and Nils Bergman, “Should Neonates Sleep Alone?” (2011). Link
     

2. Very Preterm/Very Low Birthweight Infants’ Attachment

  • Dieta Wolke, Suna Eryigit-Madzwamuse, and Tina Gutbrod, “Very preterm/very low birthweight infants’ attachment: infant and maternal characteristics” (2014). Link
     

3. Eye Contact and Mother-Infant Bonding

  • Noboru Kobayashi, “Eye-to-eye Confirmation of the Mother-infant Love Bond - Part 1” (2002). Link
     

4. Behavioural Development and Mother-Infant Interaction

  • Sandra Pipp and Robert Harmon, “Attachment As Regulation: A Commentary” (1987). Link

  • Jay Rosenblatt, “Behavioural development during the mother-young interaction in placental mammals” (2010). Link

  • J. Winberg, “Mother and newborn baby: mutual regulation of physiology and behaviour-a selective review” (2005).

  • Stephen Brake, Harry Shair, and Myron Hofer, “Exploiting the Nursing Niche: Infant's sucking and feeding behaviour in the context of the mother-infant interaction” (1988).
     

Recognition and Preference for Maternal Stimuli
 

1. Newborns’ Preference for Mother’s Voice

  • Anthony DeCasper and William Fifer, “Of Human Bonding: Newborns Prefer Their Mothers’ Voices” (1980).

  • Maude Beauchemin et al., “Mother and Stranger : An Electrophysiological Study of Voice Processing in Newborns” (2011).
     

2. Prenatal Olfactory Learning

  • H. Varendi, R. Porter, and J. Winberg, “Attractiveness of amniotic fluid odour: evidence of prenatal olfactory learning?” (1996). Link
     

3. Foetal Voice Recognition

  • Barbara Kisilevsky et al., “Effects of experience on foetal voice recognition” (2003). Link

  • D. Querleu et al., “Reaction of the newborn infant less than 2 hours after birth to the maternal voice” (1984).

  • E. Ockleford et al., “Responses of neonates to parents’ and others’ voices” (1988).


Breastfeeding and Early Contact

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1. Importance of Early Breastfeeding

  • Global Health Media Project, “Breastfeeding in the First Hours After Birth – Breastfeeding Series” (2015). Link

  • Rachel Eddie, “Heartwarming video reveals newborn baby's natural instinct to 'breast crawl'” (2016). Link
     

2. Long-term Effects of Breastfeeding

  • Bernardo Horta and Cesar Victora, “Long-term effects of breastfeeding: a systematic review” (2013). Link

  • World Health Organization, “Breastfeeding” (2017). Link
     

3. Early Contact and Interaction

  • K. Bystrov et al., “Early contact versus separation: effects on mother-infant interaction one year later” (2009). Link
     

Historical and Policy Context
 

1. Forced Adoption Policies and Practices

  • The Senate Community Affairs References Committee, “Commonwealth Contribution to Former Forced Adoption Policies and Practices” (2012). Link
     

2. Historical Account of Newborn Separation

  • St Margaret Hospital Ward Report for “Girl Rheinberger - BFA (Baby For Adoption)” (1972).
     

3. Coping with Trauma in Adoptive Families

  • American Academy of Paediatrics, “Helping Foster and Adoptive Families Cope With Trauma” (2015). Link
     

Integration of Neuroscience and Psychology
 

1. Neuroscience and Early Experiences

  • Megan Gunnar, “Integrating Neuroscience and Psychological Approaches in the Study of Early Experiences” (2003). Link

 

The Dark Side of the Surrogacy Industry

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National & International Laws and Agreements

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