2023-06-09 18:17:12
The Belgian bioethics advisory committee believes that surrogacy is “ethically acceptable” but that a legal framework must be established. Currently, the practice is neither permitted nor prohibited by law.
The practice is permitted, if not prohibited, and that may soon change. Belgium’s Bioethics Advisory Committee made public on Monday a new advisory opinion on surrogacy (GPA), believing that it is “ethically acceptable” and pleading for the establishment of a legal framework.
“The Committee wishes to reaffirm that surrogacy is ethically acceptable, subject to respect for ethical principles and considerations”, writes the institution, citing the principles of “reproductive solidarity”, “autonomy” of the different parties, “good -being” of the people concerned or even “equitable access” to surrogacy, the “intention” of those who wish to be parents and “altruism”.
“As nothing frames it, nothing prevents it”
The advisory committee also calls for the establishment of a legal framework regarding surrogacy. Indeed, if this practice is not prohibited by Belgian law, it is not legally authorized either. It is therefore practiced by certain establishments which apply their own rules.
“GPA remains something quite taboo, and absolutely not regulated by Belgian legislation. And since nothing regulates it, nothing prevents it”, explained Catherine de Bouyalski, a Brussels lawyer at the RTBF in 2020. “It is authorized in the absence of legislation.”
For a “safe” and “ethically acceptable” surrogacy
For the advisory committee, a legal framework would “guarantee the rights of the parties concerned”.
“This legal framework should ratify the bond of filiation between the intended parents and the future child and concretize the agreements between the intended parents and the surrogate woman”, suggests the report, explaining that the framework for the transfer of parental rights developed for adoption “is not sufficiently suitable” for surrogacy and creates “a high degree of uncertainty regarding parental status”.
This framework would also make it possible to organize surrogacy in a “safe” and “ethically acceptable” way by strengthening the legal security of the child and the link with his intended parents, and ensuring that the “consent of the surrogate woman be enlightened, voluntary and devoid of pecuniary motivations.
“minimum requirements”
It therefore recommends “minimum requirements” for the development of this legal framework.
“Access to surrogacy should be limited to intended parents who have no other medical option in terms of assisted reproduction or who face major pregnancy-related risks,” writes the advisory committee.
He also defends access to surrogacy for all, regardless of gender, sexual orientation, social and family situation and the financial capacity of the applicants, provided that the parental project is “sufficiently solid”. He pleads for a ban on agreements with financial gain.
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