A case for altruistic surrogacy
Author: Adam P Morton
Published online: 1 August 2005
To the Editor: One of the great privileges in practising obstetric medicine is to support a couple through a successful confinement when they have previously been advised against attempting pregnancy because of pre-existing maternal disease. However, in some cases, pregnancy carries a substantial risk of morbidity and mortality to both the mother and infant. Indeed, many maternal deaths in Australia are still preventable,1 and underlying cardiac disease is an important cause.2
Recently, I was consulted for preconception counselling by a young woman with dilated cardiomyopathy. Based on the limited evidence in the literature, her risk of dying as a result of pregnancy would be greater than 25%.3 Similarly, I was recently involved in the care of a young woman with Eisenmenger syndrome who elected to terminate her pregnancy due to the 50% mortality associated with pregnancy with this condition.4 Pregnancy in young women with moderate renal failure carries a significant risk of permanent decline in renal function, along with a high risk of intrauterine growth retardation and prematurity for the baby.5 Organ transplantation offers the best hope for women in this situation, as pregnancy outcomes are excellent after solid organ transplantation (with the exception of lung transplantation). However, many women have organ dysfunction severe enough to compromise pregnancy outcome, but not to warrant transplantation.6
Pregnancy in the presence of maternal disease may also pose a substantial cost to the community. A 2001 study in the United Kingdom estimated the mean cost of pregnancy care for five mothers with severe cardiac disease to be £23 000, not including the cost of neonatal care.7 One mother and one baby died.
Options for couples with pre-existing maternal disease are limited. In Queensland, they are excluded from adopting a child because they are not infertile and because of the mother’s medical condition. Altruistic surrogacy would allow them to have a child that is genetically their own without risking the mother’s and infant’s health. However, legislation on surrogacy varies significantly between Australian jurisdictions (Box),8 and, in Queensland, all surrogacy arrangements — both commercial and altruistic — are illegal.
Thus, my patient with dilated cardiomyopathy faces prosecution if she were to attempt surrogacy anywhere in Australia while a Queensland resident, whereas it would be freely available to her if she moved 80 km south and became a New South Wales resident.
I believe altruistic surrogacy should be available for women in whom underlying medical conditions result in a significant risk of morbidity or mortality associated with pregnancy.
Legislation on surrogacy arrangements in Australia*
Queensland: The Surrogate Parenthood Act 1988 (Qld) makes all arrangements relating to surrogacy illegal in Queensland, imposing criminal penalties on all parties involved in both altruistic and commercial surrogacy arrangements.
Tasmania: The Surrogacy Contracts Act 1993 (Tas) makes it an offence to make or receive a payment or to publish any advertisement in relation to a surrogacy contract. All surrogacy contracts are void and unenforceable.
South Australia: The Family Relationships Act 1975 (SA) makes it an offence to enter into a surrogacy contract for valuable consideration, and contracts are illegal and void.
Australian Capital Territory: The Parentage Act 2004 (ACT) does not prohibit non-commercial surrogacy, provided no advertising or intermediaries are involved, and payments to cover expenses are allowed.
Victoria: The Infertility Treatment Act 1995 (Vic) prohibits commercial surrogacy, and has complex criteria regarding eligibility of surrogate mothers.
* New South Wales, Western Australia and the Northern Territory do not have surrogacy legislation.
References
- King JF, Slaytor EK, Sullivan EA. Maternal deaths in Australia, 1997-1999. Med J Aust 2004; 181: 413-414. CHDJEEEF
- Sullivan EA, Ford JB, Chambers G, Slaytor EK. Maternal mortality in Australia, 1973–1996. Aust N Z J Obstet Gynaecol 2004; 44: 452-457. i1085801
- Morton A. Pregnancy outcome in a mother with alcoholic cardiomyopathy. Aust N Z J Obstet Gynaecol 2005. In press. i1085803
- Expert consensus document on management of cardiovascular diseases during pregnancy. Eur Heart J 2003; 24: 761-781. i1085805
- Sivaraman P. Management of pregnancy in transplant recipients. Transplant Proc 2004; 36: 1999-2000. CBBHIIDI
- Jones DC, Hayslett JP. Outcome of pregnancy in women with moderate or severe renal insufficiency. N Engl J Med 1996; 335: 226-232. CBBBHECH
- Smith M, Cooper GM, Clutton-Brock TH, et al. Five cases of severe cardiac disease in pregnancy: outcomes and costs. Int J Obstet Anesth 2001; 10: 58-63. CHDHEJBG
- Seymour J. ART, surrogacy and legal parentage: a comparative legislative review. Melbourne: Victorian Law Reform Commission, 2004. CBBHFBAB
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