@mamazee73: “If you will only accept perfection, don't have children…”
Such was the opening line that kicked off a fascinating live discussion on Canada’s National Post around the surrogate abortion debate. The controversial case involving a B.C. couple who wanted to abort their baby –gestating in the womb of a surrogate– after learning that the fetus would be born with Down syndrome, was one that ended tragically. On the upside, the debate it has generated has revived a much needed discussion on the dignity of human life, in all its forms.
In a society with no restrictions on abortion, the sounds of ethical alarm bells that rang far and wide when news of the case broke were, at the very least, encouraging. To recap, earlier in the year, the surrogate was implanted with an embryo created with the parents’ egg and sperm. An ultrasound during the first trimester revealed that the fetus was likely to have trisomy 21, the genetic abnormality that leads to Down syndrome. A further test confirmed the diagnosis.
It was later reported that the three had never seriously considered such a scenario before the pregnancy. When the discovery was made, the parents opted for an abortion while the surrogate refused to undergo the procedure. As Larry Kahn, a Vancouver lawyer, explains it, the contract between the parties usually absolves the parents of responsibility when “a defect” is found and the surrogate refuses an abortion. He acknowledged, however, that it is possible the courts would not recognize the contract if a legal battle did ensue, as family law would require the biological parents to support the child.
In the end, it was cited in the Times Colonist that “the surrogate, a mother of two children of her own, eventually chose to have the abortion, partly because of her own family obligations.” Other chronicles listed her inability to afford caring for a special needs child of her own and outside pressures as other influences that led to her decision.
While the case has raised serious questions about the increasingly common arrangement, it has also brought to light how children are coming to be viewed strictly as investments and how our obsession with attaining some imagined ideal has corrupted the very social fabric of our society.
Among the more pressing points of discussion that came up in debate was the unsettling reality of surrogate contracts. Juliet Guichon, a bioethicist of the University of Calgary, has been one of the more vocal on this point arguing that contract laws involving surrogates and parents should not apply to the transaction, “unless human life is to be treated like widgets in a factory.”
“Should the rules of commerce apply to the creation of children? No, because children get hurt,” said Guichon in the Post. “It’s kind of like stopping the production line: ‘Oh, oh, there’s a flaw.’ It makes sense in a production scenario, but in reproduction it’s a lot more problematic.”
During the live debate, Guichon pointed to the problem of terminology when using the word "contract" to describe the deal. “A contract is an agreement that the law will enforce. These written agreements are not “contracts” because it is very unlikely that a court will enforce them, most obviously because they concern the creation of children and yet the best interests of the child are usually not considered or considered as an afterthought. The court has jurisdiction to override any deal made between parents that is not made in the best interests of the child. To use the word ‘contract’ is a duplicitous attempt to make the pregnant woman believe that she is bound by some legal obligation.”
Guichon convincingly added “that people might be in a good position to contemplate fire and flood in a ‘contract’ but knowing whether you would abort a fetus with Down's is something that few women could decide in advance and stick to that decision. Once the fetus is kicking inside, the idea of termination probably has different resonance.”
Diane Allen, former director of the Infertility Network, joined the debate claiming that this case is one more example of how Assisted Human Reproduction Canada [AHRC] is failing in its role (under the Assisted Human Reproduction Act of 2004) to protect and promote the health and safety, and the human dignity and human rights, of Canadians, and to foster the application of ethical principles.
“The creation of the AHR Act, banned commercial surrogacy and required counseling for all parties to AHR procedures…AHRC continues to turn a blind eye while the fertility 'industry' ignores the law, allowing human reproduction to be turned into a commercial enterprise,” she said.
Françoise Baylis, a Dalhousie University bioethicist, added to this last point by stating that the child in question “is seen by the commissioning parents as a product, and in this case a substandard product because of a genetic condition.”
This leads to another more poignant thread of discussion on the B.C. case – the tragic extent of our cultural obsession with “perfection.”
An anonymous mother of four said it best in the live discussion explaining that when a doctor announces the probable outcome and encourages the woman to end the pregnancy, we face a completely different moral dilemma:
“This is not about a woman's right to choose or unfettered access to abortion. It is about the seemingly endless search for perfection and superiority we want for ourselves and our families. [I’m] speaking to the trend of what we define as 'normal' in society, and our ever shrinking sense of compassion.”
Reading this last statement brought to mind the Holy Father’s visit in New York in April 2008 when he met with young people with disabilities at a seminary in Yonkers. During his visit, he spoke of the differing talents and gifts each of those young people possess with which to serve God and society in various ways. He then explained how the witness value of our efforts (no matter how great or how small) is always a sign of hope for everyone. And while it is challenging to endure struggles, he remarked that “our faith breaks open the horizon beyond our own selves in order to see life as God does.”
Based on these words, it goes without saying that the parents in question have denied themselves a life time of deep joy, faith and growth. Beyond the loss however, is the encouraging witness of many who have come forth in defense of the surrogate’s initial instinct to bring the pregnancy to term and the child who was deemed not ideal enough to deserve life. I leave you with, arguably, the most convincing statement to come of the live discussion in support of the life of this child, courtesy of Juliet Guichon:
“I have a friend who has Downs. She doesn't know how to be mean and when someone is mean to her she tells me that she "runs away" to play in a tree. Seems she is an ideal human.”
- Michèle Nuzzo-Naglieri