An Australian judge recently expressed grave concerns about the effects of international surrogacy arrangements on children born through via the procedure. In a judgment that could have significant influence on future surrogacy rulings, Justice Paul Cronin of the Family Court of Australia warned that children could very easily encounter an identity crisis when they become aware that they were conceived via commercial surrogacy.
"A second reason why this Court needs to be cautious and scrutinise these arrangements carefully is the philosophical argument that children who are born to women under these circumstances can be seen to be either abandoned by their birth mothers or indeed crassly sold by their birth mothers. The Court is rarely given any information about the circumstances under which the child might otherwise live if it did not move from the birth mother to people such as the present applicants..."
The judge continued:
"Whatever things people say about the future and their intentions, one has to be somewhat cynical about just how those things will unfold for a child born into this commercial arrangement. This is a new area for the law in an environment where science is far ahead of what lawmakers seem to be contemplating. I have no idea what this child will face in 15 years time if cultural issues arise or his issues about identity become a crisis. I have no idea what would happen in the event that the birth mother suddenly changed her mind and wanted to have some involvement in the child’s future."
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