Report calls for surrogate birth ban

While surrogacy is not illegal in Japan, the Japan Society of Obstetrics and Gynecology has banned its members from assisting in surrogate births.

Back in October last year, the Ministry of Health, Labor and Welfare called on the Science Council of Japan to debate “the propriety of surrogacy”, and the council submitted a report last week.

The Ministry of Health’s position, as of 2003 was that “surrogate births should be completely banned with penalties“, while the Science Council’s draft report “suggests that only those who are involved in such practice for profit-making should be punished.”

Penalties should be applied to these cases, it says, “on grounds that surrogate births cannot necessarily be seen as crimes that cause harm to people.” It goes on to say -

Surrogate mothers face physical and psychological burdens and surrogate births impose serious mental effects on children, and that it is “questionable” that surrogate mothers accept the role through self-determination even if they are aware of the risks of surrogate births.

This claim to be looking out for the mental wellbeing of children and mothers angers me. Other Japundits may feel differently. To me, it smacks of deeply chauvinist patronising of ‘the little woman’ who hasn’t the capacity to know what’s best for her. There’s no mention of fathers that I noticed.

A Nagano doctor, Yahiro Netsu, who has famously flouted the ban since 2001, commented on the report -

Netsu said he felt “indignant” that the Science Council is trying to deny the spirit of self-sacrifice of surrogate mothers who help others in difficulties despite their own physical risk.

While Netsu said he supports punishing doctors who assist surrogate births for profit, the doctor charged that the council has failed to listen to people who have difficulty conceiving. The report “gives the impression that the council is trying to impose the opinions of scholars on patients,” he said.

One would have imagined that any boost to Japan’s declining birth rate would be welcomed. But the view from certain ivory towers appears to be completely different.

8 Responses to “Report calls for surrogate birth ban”

Mental Health » Report calls for surrogate birth ban Said:

[...] Here’s another interesting post I read today by Japundit [...]

Marie Mockett Said:

I read this with interest in the news. It made me think that Ryo’s lists in which he outlined what would happen to Japan’s society– think it was choice 1 he said was the easiest in his list. This ruling follows suit.

esotericlarity Said:

Idiots. My aunt had a surrogate egg implanted from a college student in return for a years tuition. Due to a medical condition she was unable to ovulate. She and her husband had a cute son. A law banning this transaction would have helped who how? How would it have furthered justice?

But thinking about it, that’s not really the point. The point is that somewhere in some ivory tower there is some pretentious member of the Japanese “intelligentsia” who just can’t stand the thought of people engaging in agreements concerning personal matters without their personal permission and self righteous condescension.

The pretense of protecting the parent’s and the child’s mental condition is at most preposterous and at least avoidable. First of all the woman has the decision to say yes or no, secondly this is not a flip of the coin decision (my aunt and uncle both screened the applicants and gave them two months to agree), third they have a period of time to come to terms with the surrogate agreement. Last of all the child is either a)not theirs , or b)one they have never met. If after all this the surrogate mother/father (hey don’t discount sperm donors) still is under some emotional strain they most likely have some mental imbalance and should have been screened out in the first place.

Secondly, strain on the children? First of all what adult would even try explaining to a child a complicated procedure like surrogacy in their formative years? By the time the child is old enough to understand the process of what occurred, they are more than likely mature enough to accept the fact that their biological mother and the mother that they know are one and the same person, just the woman who carried them in the womb was different.

Might there be some exceptional cases where someone comes out of the situation with some emotional baggage? Sure. Are there all types of situations in life where some people come away with emotional baggage? Should we ban them all?

The Science Council’s position is even more shocking in its apparent lack of thought. Apparently harm to the child or mother (no matter how inanely contrived) is completely inconsequential to them, what makes the act morally reprehensible enough to make it illegal is the mere fact that a couple might want to compensate the surrogate for their assistance. Perhaps I give the scientists too little credit, their legal propositions while less intrusive than the DOH would have the desired chilling effect on surrogates. After all without compensation how many 40ish couples would be able to find an 18 year old that they were able to convince to either a)undergo a surgical procedure to remove their eggs or b)hold a child to term. it would be next to impossible.

in the end i agree with edward. the only people that could come up with such a ridiculous proposition are chauvinists that believe adult women to be completely incapable of rational thought or decision making.

in addition it is presumptuous to assume that to bring children into the world to loving families puts the child at some risk of being any less normal than his peers.

in addition it is foolish to think that somehow adding compensation to an act automatically makes something immoral.

just my thoughts on the matter…

Marie Mockett Said:

Wait, but, there’s no chauvanism in Japan, overoften. There’s just cultural relativism. ;-)

Paul Said:

Bans on compensation are also why so many countries have organ shortages.

Also, it’s amazing how irrational cultural aversions often get dressed up in dubious medical concerns. It reminds me of how circumcision remains stubbornly common in the US.

hmoulding Said:

But wait, this consideration that you all are describing as Japanese paternalism (it may be that, of course) also is echoed in the USA when the AMA says that they would not allow the donation of organs in return for money, and would punish doctors who participated in such schemes.

Other countries, of course, don’t quite see it that way.

Which leads to stories like
http://www.snopes.com/horrors/robbery/kidney.asp
which lists not just the well worn urban legend of the stolen kidney, but a number of stories related to for-profit organ donation which may or may not be true…

Anyway, it seems to me that perhaps the issues surrounding surrogate childbirth might be a bit more complicated than Japanese male chauvinism. ^_^

overoften Said:

I wasn’t suggesting it was simply down to chauvinism. I was hoping it would be taken as read that I held the claim to be safeguarding the mental wellbeing of those concerned to be entirely bogus. As well as horribly patronising.

The entire debate is, to my mind, an indictment of the decision-makers. But the real reason for their aversion, whatever else it may be, wouldn’t make them look any saner or more honest.

Athios Said:

esotericlarity, I believe the case you described is different from what they are talking about. You’re just talking about egg/sperm donation, but they are talking about cases where the woman bearing the child will not be the ‘mother’.

I definitely agree though that the bit about “serious mental effects” on *children* is completely ridiculous. If they were following along that line, they might as well ban all child adoption programs too. : P
Now, psychological effects on the child-bearing woman on the other hand is another situation, but that’s something she should be deciding for herself, not by the law. Although perhaps something simple like an age lower-limit for surrogate pregnancies would be reasonable.

As regarding compensation/profit-making, do they mean compensation for the doctors performing the procedures (I assume IVF and implantation?), or compensation for donors or surrogate mothers?

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