[English]
In 2025, Greece banned single individuals
or male same-sex couples from seeking surrogacy.
Italy has even legislated severe penalties for pursuing surrogacy abroad.
However, in 2024, Ireland is also leaning towards legalizing surrogacy.
When a third party helps with pregnancy and childbirth,
is it really appropriate?
Or, to avoid the commodification of the uterus,
should it not even be discussed?
But with nearly 30 years of debate,
what are the views of various sectors?
Ah-Mo is the child Zou Zonghan and his same-sex partner had through surrogacy in the United States.
透過代孕生下的孩子
After four years
and a change of surrogate mother, they finally succeeded.
The surrogacy process was very lengthy.
We actually asked ourselves
and kept being asked by others,
why we wanted to have children.
During the failed attempts in the surrogacy process,
you also ask yourself again,
do I really want to have children?
Zou Zonghan once publicly shared on social media
his journey and experiences seeking surrogacy.
But instead, he faced criticism from many netizens.
After a failure, they also
had deep talks about their initial reasons for wanting children.
It's like you have many trains in life
heading to different destinations
in different directions.
And we hope that our life's
destination and direction include having children.
Cindy is another person who chose the path of surrogacy.
Because she almost died giving birth to her first child.
On the third day after giving birth to my first child,
when I was about to be discharged,
I suddenly developed bacteremia, which means
bacteria had spread throughout my body via the bloodstream.
At that moment, I really felt hopeless.
The trauma from that delivery
made Cindy lose the courage to get pregnant again.
Until her American doctor suggested that
if she still wanted children,
surrogacy might be an option.
I still thought about it for about a year
because I had all kinds of worries.
I didn't believe there was another person in the world
who would love my child as much as I do.
You have to learn to trust.
They both fulfilled their dreams of becoming parents
in the United States.
Typically, one must first go through clinic consultations,
surrogate matching, sperm and egg retrieval, surrogate pregnancy,
and the delivery process.
However, not every artificial insemination is successful.
This process may need to be repeated.
And may ultimately fail.
There are no official statistics on those seeking surrogacy in Taiwan.
But since 2019,
the Taiwan LGBT Rights Advocacy Association
has received about 1,600 inquiries related to surrogacy.
From my own observation,
only about 30 to 40 percent of those
have completed surrogacy in the last five or six years.
Because there is a big challenge,
which is due to the pandemic.
The entire surrogacy process has definitely been halted.
The lack of transparency in overseas surrogacy information
has led many commissioning parents into difficulties.
For example, Thailand banned foreigners from pursuing surrogacy
as early as 2015.
But many Taiwanese are still unaware and sign contracts.
When this demand is not eliminated,
it will only go underground.
They may go through arranged marriages
or find willing women,
pay them a sum of money, and then
proceed without any safeguards.
By using illegal surrogacy methods,
the rights of the surrogate are left unclear,
and it may also lead to the child not being able to be brought back to Taiwan.
In May 2024, the Ministry of Health and Welfare of the Executive Yuan announced
draft amendments to the Artificial Reproduction Act.
The most noteworthy content is undoubtedly the
surrogacy reproductive system,
including the conditional opening of surrogate mothers
under the principle of mutual assistance,
without collecting compensation or benefits other than legally prescribed fees.
It is also limited to married couples or same-sex partners.
Single individuals are not allowed to seek surrogacy.
And at least one spouse or same-sex partner
must have household registration in our country.
Surrogate mothers must also meet certain qualifications,
including having household registration in Taiwan,
being at least 20 years old but under 40 years old,
having experience of full-term pregnancy and childbirth,
and being able to surrogate only once.
However, opinions are still divided on whether Taiwan is suitable for promoting legal surrogacy.
各方質疑從未停止過
The Awakening Foundation believes that
reproductive rights refer to
the freedom to decide whether or not to have children.
But surrogacy involves another person's body,
and should be re-examined.
In international law, there is no such thing as a right
to have a child.
Whether you can have a biological child
should not be the biggest consideration
in the system.
It is also necessary to consider
whether women will be subject to economic or
family pressures and other external factors,
and become surrogate mothers involuntarily.
We must think about the most vulnerable people
or those in the most difficult circumstances
within this cultural context.
What kind of difficulties will they face?
How should our system respond to them?
Instead of saying
that because you have been given information,
everything else is your own choice.
In Europe, many countries are influenced by Christian culture
and traditional ethical concepts.
They hold an opposing stance on surrogacy,
and even use criminal law to prohibit it.
In France, the law stipulates that
all contracts related to surrogacy are invalid.
If someone helps to arrange surrogacy,
it may also constitute a criminal offense.
In Germany, performing artificial insemination on a surrogate mother
or implanting an embryo
may face imprisonment of up to 3 years.
Italy, on the other hand, passed a law in 2004
that prohibits all forms of surrogacy.
禁止一切形式的代孕
In comparison,
California in the United States has an open attitude towards commercial surrogacy.
For example, there are no restrictions on surrogate mother fees,
nor are there restrictions on commissioning parents having to be U.S. citizens.
As soon as the child is born, they can have
legal parent-child relationship with the commissioning parents.
This has also made California in the United States
the top choice for many people seeking surrogacy.
There are also specialized operators
holding information sessions in Taiwan.
Whether it's Australia or the United States,
some research reports have pointed out that
those who become surrogate mothers
are mostly between 20 and 30 years old,
Caucasian,
and many (surrogates) are highly educated.
What we originally expected,
illegal immigrants, exploited people,
that kind of image of someone becoming a surrogate mother,
I think there's quite a difference.
To protect the rights of surrogates,
New York State also passed in 2021
the strictest surrogacy human rights clause in the United States.
Including lawyer consultations, bodily autonomy,
prenatal checkups and insurance are all explicitly protected.
From our legal analysis,
regarding the surrogate mother's
prior consent or
legal protection,
and mental and physical regulations,
there are actually some regulations.
Whether these are comprehensive or not,
I think it's open for discussion.
In terms of regulations,
altruistic surrogacy in the UK and Australia is another option.
The UK did not adopt a contract system when legislating,
but rather a mutual agreement,
where there is no employer-employee relationship between the parties.
The surrogate is the legal mother.
Within six weeks of the child's birth,
she can unconditionally withdraw
and retain greater autonomy.
The commissioning parents also do not have the
right to command and supervise.
It can also give them a better opportunity to be grateful
and feel that
you have really done something
very great for me
and I'm really grateful,
instead of feeling like it's a matter of course.
This is a service I should get because I paid for it.
In 2023, the UK Law Commission
made further reform recommendations,
allowing the commissioning parents to have parental rights after the child is born,
but the surrogate mother still has the opportunity to withdraw
and specifying reasonable pregnancy and childbirth expenses
and the surrogate mother's personal insurance expenses.
Although Taiwan is conceptually altruistic as well,
the main regulation is based on contracts between the two parties.
The UK can move towards
a more convenient approach
because they already have 40 years of experience.
There are now at least four NGOs
that are very experienced and can assist
surrogates and commissioning parents in negotiating.
Overseas experience has shown that
for a surrogacy to be a good experience,
it's not just about having very detailed contracts in the beginning.
If something goes wrong during the process,
whether there are good ways to handle it that can
allow both parties to be on the same boat.
Lily is Taiwanese,
married to an American military husband.
She currently lives in the United States with her husband and two children.
After learning about other people's experiences on online forums,
she proactively contacted an agency wanting to become a surrogate mother.
I can help infertile families
or same-sex families
to have their own children
and complete a family.
It's a very honorable and happy thing,
so I really wanted to do it.
Although Lily also received compensation,
after deducting the costs of pregnancy and childbirth,
she estimates that the money she received
is about $50,000 USD,
which is about the same as her delivery salary in the United States.
It's not just about being exploited as people say.
Or only people from the bottom would do it.
Or as people say, doing it only for the money.
It's not entirely what you think.
That's why some people are willing to do surrogacy.
But this surrogacy journey is not without risks.
Lily experienced severe bleeding during delivery.
It was either a hysterectomy or death,
it was a choice between the two.
Childbirth is inherently risky.
The reason I wasn't so afraid
is actually because
I'm now in a major hospital.
So I trust the medical team very much.
A study by the University of London points out that
most British surrogates and commissioning parents
maintain good relationships.
Even the children know
that they were born through surrogacy.
The two families are more like partners,
making the surrogate's experience more positive.
Even with egg and sperm donation,
many parents
are actually unwilling to let their children know.
In the future, these commissioning couples,
whether they can truly treat
the surrogate as a partner,
will also test Taiwan's
culture of parental rights.
However, Taiwan has already reached the stage of draft discussions.
Whether the current system design
can really protect surrogate mothers
is still insufficient according to the Taiwan LGBT Rights Advocacy Association.
Many women who are currently pregnant
are easily denied insurance.
In this situation,
how can surrogate mothers obtain
the medical insurance coverage they deserve?
This needs to be further considered.
Third, we believe that intermediary agencies,
that is, the units that provide surrogacy matching services,
cannot become the white gloves of medical units.
If a dispute really occurs,
whether Taiwan's Ministry of Health and Welfare can take on
the management responsibility is also a key consideration.
The problems it will face are different from the problems the Health Promotion Administration has encountered in the past.
所遇到的問題不太一樣
The problems will not be caused by medical personnel,
nor are they problems of medical technology
or qualifications,
but rather the minor
relationship issues
that may arise.
Another hypothesis we have is that
we want to protect women, or we want to activate
women's unwise choices or your self-commodification choices.
But is this really valid?
Aren't we improving our status, whether it's gender or gender equality, in Taiwan's education?
And we are organizing personnel through various means, and also through various
educational expertise. Perhaps do we think all of this is empty?
Lily doesn't feel interfered with,
maintaining appropriate contact with the commissioning party in her life,
sharing prenatal checkup status and fetal movements.
She also received from them after childbirth
regular photos and videos of the child.