Barely a majority in the Biotechnology Council to punish illegal surrogacy

In December, the Støre government asked the Biotechnology Council to carry out an evaluation of the Biotechnology Act. Our Country states that a has now been sent letter from the advice to the Ministry of Health on surrogacy.

The 15 members largely agree on the questions surrounding whether a woman can bear a child for a heterosexual or homosexual couple.

A majority of nine of the Biotechnology Council’s members believe that surrogacy by means of assisted fertilization should still be prohibited in Norway, and as many as 13 do not want to allow any forms of commercial surrogacy.

A narrow majority of eight members believe that intended parents who use surrogacy, whether in Norway or abroad, should be able to be punished, as it is illegal.

In 2012, the Storting approved an exemption which means that people who have children using surrogacy abroad are not punished. In 2013, the provision on punishment in the Biotechnology Act amended, so that certain groups are exempt from criminal liability.

Minister for Children and Families Kjersti Toppe (Sp) stated to NRK in 2022 that Norwegians who have children with the help of a surrogate mother abroad must be prosecuted.

– It is not a point for me that you should punish those who do this, but penal provisions are attitude-creating and underpin the seriousness of the legal provision. What is important is to make it clear that this is a ban, said Toppe.