Surrogacy Arrangements: Law and Morality Issues in the Malaysian Perspective

Abstract

Science has revolutionized the reproductive environment. At the current era of advance science and technology the impossible, unimaginable or unthinkable is achievable. It has not only been made possible for a woman to have sexual intercourse without getting pregnant, but also to get pregnant without sexual intercourse. One of such means is through surrogacy. In a surrogacy arrangement a woman known as the 'surrogate mother' consents to bear a child for a childless couple. The surrogate mother is impregnated either by artificial insemination or in vitro fertilization. After carrying the child for forty weeks and delivering the child thereafter, the child is handed to the custody of the childless couple. The surrogate's ties or bond with the child ends upon the delivery of the child. However, as simple as it sounds, surrogacy arrangements raise many dilemmas in the context of law, religion, morality, custom and culture. This article looks at the legal, moral and religious implications arising in surrogacy arrangements. Should surrogacy arrangements be treated as a mere contract? What is the validity of such arrangements and the moral issues arising in the Malaysian perspective?