The New Zealand Herald
September 10, 2003
http://www.nzherald.co.nz
Commercial surrogacy should
be legal, an Otaki mother who wants to have children for
others told MPs today.
Maewa Kaihau made the plea
in her submission on the Human Assisted Reproductive
Technology Bill to Parliament's health select committee.
She "strongly disagreed"
with it being an offence to be paid for a surrogacy
arrangement, she said.
While surrogacy is not
illegal, being paid a fee for it is.
"Commercial surrogacy
should be allowed," Ms Kaihau said.
"Legislation to prohibit
surrogates from receiving payments or benefits for the act
of carrying a child for the commissioning parents should not
be approved."
While she would be a
surrogate mother without payment, there should be
compensation for the time and energy involved in carrying
and giving birth to a baby, she said.
A surrogate mother could
incur a large range of legitimate expenses that should be
reimbursed, she said.
Among these were travel
expenses to a maternity carer, loss of wages and child care
costs as a result of pregnancy related illness, and payment
of prescriptions arising from pregnancy, such as pills to
treat iron deficiency.
"The proposal to prohibit
surrogates from receiving benefit or payments does not
recognise in any way the service that a surrogate provides,"
she said.
Ms Kaihau is a member of an
e-mail group interested in surrogacy.
Members were surrogates,
intending parents and women interested in becoming
surrogates, she said.
She wanted to help a couple
she had met on the internet have a child. They had failed to
conceive after many IVF (in vitro fertilisation) attempts.
"Sometimes surrogacy is the
last option," Ms Kaihau said.
Her partner supported her
stand, she said.
"He is quietly supportive
of me, he thinks I am a bit crazy to want to do that, but he
generally supports what I want to do. I am very lucky," she
said.
"We've decided that we've
had our family and we're not having any more."
Women's Health Action Trust
said in its submission that assisted reproductive technology
(ART) was creating social dilemmas.
Its discussion document --
Protecting Our Future, written by health campaigners Sandra
Coney and Anne Else -- assumed children should be the focal
point of public discussion around ART and infertility sector
practice.
The document outlined the
case for greater regulation of ART.
"The full consequences of
allowing ART to proceed in a largely deregulated environment
will become apparent only as the children born through it
grow into adulthood," it said.
"There must be greater
regulation of ART and this will involve comprehensive
legislation."
Under the proposed law,
children born using assisted human reproduction technology
will be able to track down sperm donors.
Cloning, commercial
surrogacy, placing human embryos in animals and vice versa,
and the creation of hybrid embryos for reproduction are
banned.
Other areas such as embryo
donation, selection, storage and splitting would be dealt
with by an ethics committee approving individual
applications.
Those applications would
only be considered if a ministerial advisory committee had
already produced guidelines or established procedures on the
particular application type.
A ministerial advisory
committee would be set up to create guidelines, which would
be enforced by a Cabinet decision known as an Order in
Council.
The Government has also
decided to overturn the current status quo concerning the
anonymity of donors.
Families do not have to
tell children the circumstances of their conception, but can
do so at any time.
When a donor offspring
reaches age 18, or 16 with the permission of the Family
Court, they will be able to get identifying information
about the donor.
A donor will be told if
their contribution has resulted in a child being born, but
they cannot get identifying details about the child without
the prior consent of the offspring.
The law will not be
retrospective.