Christopher White

Surrogates and their discontents

Christopher White
By Christopher White
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August 27, 2021 (thePublicDiscourse.com) - Meet Cathleen: a twenty-year-old from New Brunswick, Canada, who served as a surrogate mother of twins for an infertile British couple. Twenty-seven weeks into the pregnancy, Cathleen was informed—via text message—that the couple was divorcing and would no longer need the children she had been carrying for them.

Then there’s Carrie: a mom of four from Colorado who agreed to carry a child for an Austrian couple who had spent twenty years unsuccessfully trying to conceive. After the child was born and they returned home, Carrie was hit with medical fees of $217,000. The Austrian couple paid none of it, and failed to make the agreed-upon surrogacy payment.

Consider too the story of Premila Vaghela, an Indian woman who was paid to serve as a surrogate for a couple from the United States. After a premature birth at eight months into the pregnancy, the child survived but the mother died of complications from delivery. These are just a few of the many surrogacy horror stories. Meanwhile, surrogacy remains a lucrative enterprise with an ever-expanding reach.

In recent weeks, the New Jersey state legislature spent the closing days of the legislative session quietly trying to weaken restrictions for gestational surrogates in the state. Their efforts were foiled, however, when Governor Chris Christie vetoed the bill last Wednesday, August 8, citing “the profound change in the traditional beginnings of the family that this bill will enact.” For advocates of women’s health, children’s rights, and stable families, this is a huge victory. It also should be used as a teaching moment to expose the many moral and ethical concerns raised by surrogacy, and the health risks to mothers and children that surrogacy introduces.

The practice of surrogacy traditionally has taken place by inserting freshly thawed or new sperm into the mother. This is the standard procedure for fertile women who are able to serve as the child’s gestational and genetic mother. The second method, used increasingly more often, is known as gestational surrogacy, in which a previously created embryo is implanted inside the surrogate mother, who delivers a child that is not genetically related to her. While some surrogate mothers agree to carry another couple’s child for what they consider to be altruistic reasons, the more common motivation is the financial incentive that couples desperate to conceive a child can offer.

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Like anonymous sperm donation and the buying and selling of women’s eggs, the practice of surrogacy in the United States is barely regulated, since the desires of the parents are valued above the child in gestation. There also are few records to determine how many children are born through surrogacy each year. According to the most recent data from the American Society for Reproductive Medicine, nearly 1,400 children were born through surrogacy in 2008. That number indicates an almost 100-percent increase from the 738 babies reported born through surrogacy in 2004. Regrettably, few studies have explored the health risks posed by surrogacy or its effect on children. However, if the anecdotes above are any indication, all is not well for the mothers or the children involved in the process.

Consider the commodification of women caused by surrogacy. Gestational surrogacy reduces women to their biological capacities as mere instruments to be used in the manufacturing of a product, comparable to the way we view car factories in Detroit.

At the same time, surrogate-produced children are manufactured as designer babies: Wealthy parents can select their perfect fusion of sperm from an athletic male with the egg of a female who graduated from an Ivy League school with a 4.0 GPA. Indeed, surrogacy is a medium in which couples—or even single men or women—can attempt to create their dream child.

This effort, however, comes at a high cost, since it usually ends in the exploitation of impoverished women. The death of Ms. Vaghela of India, who chose to become a surrogate in hopes of providing a better life for her two children, offers a perfect example of this problem. Now her children will live in poverty indefinitely as orphans. Moreover, surrogacy tourism has become an industry in itself: wealthy westerners travel to places such as India and Southeast Asia to hire surrogate mothers to carry their children. In some patriarchal societies, there are reports of women being forced by their husbands to serve as surrogates in order to contribute to household income.

Then there’s the other side of the coin: the children created by the surrogacy process. In a 2010 study, “My Daddy’s Name is Donor,” 45 percent of children conceived from an anonymous sperm donation reported that they were bothered by the fact that money was exchanged in order to conceive them. The same is likely to be said by children conceived through surrogacy, and the psychological effects of being separated from their birth mother pose numerous consequences that likely will remain with them for the rest of their lives. There is a natural, hormonal bonding that takes place between a mother and a child that she carries in her womb. The hormone oxytocin, for example, is released in large amounts both during and after childbirth, which establishes and increases the trust between mother and child. Surrogacy intentionally severs this natural and beneficial relationship, a relationship we should seek to encourage and protect, not prevent.

Lastly, those who promote marriage between a man and a woman and the parenting of a mom and a dad as ideal should be concerned about the effects of surrogacy. As proponents of same-sex marriage continue to make their case, their arguments will probably coincide with a greater demand for surrogate mothers who can provide children to same-sex couples. While there is no way to measure how many same-sex couples are in the surrogacy market, a review of surrogacy organizations reveals that many testimonials and advertisements are either from or targeted at same-sex couples.

While surrogacy legislation or regulation is unlikely to be a matter of debate in this year’s presidential election—especially when Mitt Romney’s son Tagg recently had twins via a surrogate mother—it is an important issue that should make us pause and reflect on the type of society we are building. Are we willing to prioritize the desires—not needs—of a select, wealthy few at the expense of future children? And if so, when and where should we draw the line?

In his statement criticizing Governor Christie’s veto, state senator and co-sponsor of the New Jersey bill Joseph Vitale called the veto “a major setback for parents who wish to create life and give a baby a loving home.” Yet for victims like Premila Vaghela of India or the surrogate children who fall asleep at night wondering about their biological mothers and fathers, that line was crossed long ago.

Christopher White is the Director of Education and Programs for the Center for Bioethics and Culture (CBC). The CBC is in pre-production for an upcoming documentary on the consequences of surrogacy for women and children. This article reprinted with permission from thePublicDiscourse.com.


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Quebec groups launch court challenge to euthanasia bill

LifeSiteNews staff
By LifeSiteNews staff

As announced when the Quebec legislature adopted Bill 52, An Act respecting end-of-life care, the citizen movement Living with Dignity and the Physicians’ Alliance against Euthanasia, representing together over 650 physicians and 17,000 citizens, filed a lawsuit before the Superior Court of Quebec in the District of Montreal on Thursday.

The lawsuit requests that the Court declare invalid all the provisions of the Act that deal with “medical aid in dying”, a term the groups say is a euphemism for euthanasia. This Act not only allows certain patients to demand that a physician provoke their death, but also grants physicians the right to cause the death of these patients by the administration of a lethal substance.

The two organizations are challenging the constitutionality of those provisions in the Act which are aimed at decriminalizing euthanasia under the euphemism “medical aid in dying”. Euthanasia constitutes a culpable homicide under Canada’s Criminal Code, and the organizations maintain that it is at the core of the exclusive federal legislative power in relation to criminal law and Quebec therefore does not have the power to adopt these provisions.

The organizations also say the impugned provisions unjustifiably infringe the rights to life and to security of patients guaranteed by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. They further infringe the right to the safeguard of the dignity of the person, which is also protected by the Quebec Charter.

In view of the gravity of the situation and the urgent need to protect all vulnerable persons in Quebec, they are requesting an accelerated management of the case in order to obtain a judgment before the Act is expected to come into force on December 10, 2015.


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Colorado baker appeals gvmt ‘re-education’ order

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By LifeSiteNews staff

A Colorado cake artist who declined to use his creative talents to promote and endorse a same-sex ceremony appealed a May 30 order from the Colorado Civil Rights Commission to the Colorado Court of Appeals Wednesday.

The commission’s order requires cake artist Jack Phillips and his staff at Masterpiece Cakeshop to create cakes for same-sex celebrations, forces him to re-educate his staff that Colorado’s Anti-Discrimination Act means that artists must endorse all views, compels him to implement new policies to comply with the commission’s order, and requires him to file quarterly “compliance” reports for two years. The reports must include the number of patrons declined a wedding cake or any other product and state the reason for doing so to ensure he has fully eliminated his religious beliefs from his business.

“Americans should not be forced by the government – or by another citizen – to endorse or promote ideas with which they disagree,” said the cake artist’s lead counsel Nicolle Martin, an attorney allied with Alliance Defending Freedom. “This is not about the people who asked for a cake; it’s about the message the cake communicates. Just as Jack doesn’t create baked works of art for other events with which he disagrees, he doesn’t create cake art for same-sex ceremonies regardless of who walks in the door to place the order.”

“In America, we don’t force artists to create expression that is contrary to their convictions,” added Alliance Defending Freedom Senior Legal Counsel Jeremy Tedesco. “A paint artist who identifies as homosexual shouldn’t be intimidated into creating a painting that celebrates one-man, one-woman marriage. A pro-life photographer shouldn’t be forced to work a pro-abortion rally. And Christian cake artists shouldn’t be punished for declining to participate in a same-sex ceremony or promote its message.”

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In July 2012, Charlie Craig and David Mullins asked Jack Phillips, owner of Masterpiece Cakeshop, to make a wedding cake to celebrate their same-sex ceremony. In an exchange lasting about 30 seconds, Phillips politely declined, explaining that he would gladly make them any other type of baked item they wanted but that he could not make a cake promoting a same-sex ceremony because of his faith. Craig and Mullins, now represented by the American Civil Liberties Union, immediately left the shop and later filed a complaint with the Colorado Civil Rights Division. The case now goes to the Colorado Court of Appeals as Masterpiece Cakeshop v. Craig.

“Jack, and other cake artists like him – such as those seen on TV shows like ‘Ace of Cakes’ and ‘Cake Boss’ – prepare unique creations that are inherently expressive,” Tedesco explained. “Jack invests many hours in the wedding cake creative process, which includes meeting the clients, designing and sketching the cake, and then baking, sculpting, and decorating it. The ACLU calls Jack a mere ‘retail service provider,’ but, in fact, he is an artist who uses his talents and abilities to create expression that the First Amendment fully protects."

Celebrity cake artists have written publicly about their art and the significant expressive work that goes into the artistic design process for wedding cakes.


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Prisoner of conscience Mary Wagner appeals her conviction

Tony Gosgnach
By Tony Gosgnach

TORONTO -- As promised, Mary Wagner has, through her counsel Dr. Charles Lugosi, filed a formal notice of appeal on numerous points regarding her recent, almost two-year-long court case that ended on June 12.

Justice Fergus O’Donnell of the Ontario Court of Justice rejected every application made by the defence – including for access to abortion center records, public funding, standing for a constitutional challenge and for expert witnesses to be heard – before he found Wagner guilty and sentenced her to five months in jail on a charge of mischief and four months on four counts of failing to comply with probation orders.

He further levied two years of probation, with terms that she stay at least 100 metres away from any abortion site. However, because Wagner had spent a greater time in jail than the sentence, she was freed immediately. She had been arrested at the “Women’s Care Clinic” abortion site on Lawrence Avenue West in Toronto on August 15, 2012 after attempting to speak to abortion-bound women there. She then spent the duration of the trial in prison for refusing to sign bail conditions requiring her to stay away from abortion sites.

Wagner is using the matter as a test case to challenge the current definition of a human being in Canadian law – that is, that a human being is legally recognized as such only after he or she has fully emerged from the birth canal in a breathing state.

Wagner’s notice states the appeal is regarding:

  • Her conviction and sentence on a single count of mischief (interference with property),
  • Her conviction and sentence on four counts of breach of probation,
  • The order denying public funding,
  • The order denying the disclosure of third-party records,
  • The order denying the admission of evidence from experts on the applicant’s constitutional challenge concerning the constitutional validity of Section 223 of the Criminal Code,
  • The order denying the admission of evidence from experts concerning the construction of Section 37 of the Criminal Code,
  • The probation order denying Wagner her constitutional rights to freedom of speech, freedom of expression, freedom of conscience and freedom of religion on all public sidewalks and public areas within 100 metres of places where abortions are committed,
  • And each conviction and sentence and all orders and rulings made by O’Donnell.

In the notice of appeal, Lugosi cites numerous points on which O’Donnell erred:

  • He denied Wagner her constitutional right to make full answer and defence.
  • He denied Wagner her right to rely on Section 37 of the Criminal Code, which permits “everyone” to come to the third-party defence and rescue of any human being (in this case, the preborn) facing imminent assault.
  • He decided the factual basis of Wagner’s constitutional arguments was a waste of the court’s time and that no purpose would have been served by having an evidentiary hearing on her Charter application because, in the current state of Canadian law, it had no possibility of success.
  • He misapplied case law and prejudged the case, “giving rise to a reasonable apprehension of bias and impeding the legal evolution of the law to adapt to new circumstances, knowledge and changed societal values and morals.”
  • He accepted the Crown’s submission that it is beyond the jurisdiction of the courts to question the jurisdiction of Parliament legally to define “human being” in any manner Parliament sees fit.
  • He ruled Section 223 of the Criminal Code is not beyond the powers of Section 52 of the Constitution Act, 1982.
  • He ruled Section 223 of the Criminal Code does not violate the Preamble to, as well as Sections 7, 11(d), 15 and 26, of the Charter of Rights and Freedoms.
  • He denied Wagner standing to raise a constitutional challenge to the validity of Section 223 of the Criminal Code.
  • He ruled that Section 223 of the Criminal Code applied generally throughout the entire Criminal Code and used it to deny unborn human beings the benefit of equal protection as born human beings under Section 37 of the Criminal Code.
  • He denied the production and disclosure of third-party records in the possession of the “Women’s Care Clinic” abortion site, although the records were required to prove Wagner was justified in using reasonable force in the form of oral and written words to try to persuade pregnant mothers from killing their unborn children by abortion.
  • He denied Wagner the defence of Section 37 of the Criminal Code by ruling unborn children did not come within the scope of human beings eligible to be protected by a third party.
  • He ruled Wagner did not come within the scope of Section 37 because she was found to be non-violent (in that she did not use physical force).
  • He ruled the unborn children Wagner was trying to rescue were not under her protection.
  • He denied Wagner the common-law defences of necessity and the rescue of third parties in need of protection.
  • He denied Wagner public funding to make full answer and defence for a constitutional test case of great public importance and national significance.
  • He imposed an unconstitutional sentence upon Wagner by, in effect, imposing an injunction as a condition of probation, contrary to her constitutional rights of free speech, freedom of expression, freedom of conscience and freedom of religion.

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Among the orders Lugosi is seeking are:

  • That an appeal be allowed against conviction on all counts and that a verdict of acquittal be entered on all counts,
  • That Section 223 of the Criminal Code be found unconstitutional  and contrary to Section 52 of the Constitution Act, 1982, as well as the unwritten constitution of Canada,
  • That the sentence be declared unconstitutional and contrary to Section 52 of the Constitution Act, 1982, and the unwritten constitution of Canada or that a new trial be conducted, with Wagner permitted to make full answer and defence, be given standing to make a constitutional attack on Section 223 of the Criminal Code, with the admission of expert witnesses,
  • That the Women’s Care Clinic abortion site be made to produce third-party records pertaining to patients seen on August 15, 2012 (when Wagner entered the site),
  • And that there be public funding for two defence counsels at any retrial and for any appeal related to the case.

No date has yet been established for a decision on the appeal or hearings.

A defence fund for Wagner’s case is still raising money. Details on how to contribute to it can be found here.


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