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Where am I now? Lawlink > Law Reform Commission > Publications > 4. Making Surrogate Motherhood Arrangements
Research Report 2 (1987) - Surrogate Motherhood: Australian Public Opinion
4. Making Surrogate Motherhood Arrangements
I. OVERALL RESPONSE
4.1 Couples wishing to have a child by means of a surrogacy arrangement might not have access to a woman ready to act as a surrogate mother. Accordingly, it might be necessary for other people to assist in making introductions, and in advising on the terms of the agreement. The survey canvassed attitudes to this possibility.
4.2 Respondents were next asked to give their opinions on the involvement of intermediaries in surrogacy arrangements. Respondents were asked whether the persons or agencies identified in each of the following five possibilities should be allowed to arrange a surrogate motherhood agreement:
- The parties themselves;
- The parties with the approval of a government agency;
- Government agencies;
- Non-profit agencies (such as welfare organisations or a branch of a hospital);
- Individuals and agencies who charge commercial fees, and intend to make a profit.
4.3 More than half considered that the parties themselves should be allowed to make an agreement. Similarly, more than half considered that non-profit agencies (such as welfare organisations or a branch of a hospital) should also be allowed to be involved in making such an agreement. About 40% of Australians considered that the parties should be allowed to do so provided that they have the approval of a government agency. On the other hand, there was very little support (17%) for government agencies alone making these arrangements, and very few people indeed (3%) considered that individuals and agencies who charge commercial fees and intend to make a profit should be involved. These results are shown in Table 4.1.
4.4 The pattern of responses from New South Wales was similar to the national pattern. There were some differences, however, between people living in Sydney and those living outside Sydney. While 55% of those New South Wales residents living outside Sydney considered that non-profit agencies should be allowed to make an agreement, only 50% of those in Sydney did so. Almost half (48%) of those outside Sydney considered that the parties should be allowed to make an agreement with the approval of a government agency, whereas only 40% of those in Sydney registered that opinion.
4.5 There were some consistent differences between the views of men and women. A lower proportion of women than men agreed with each of the suggestions, except for the use of non-profit agencies.
Table 4.1
Entitlement to make Surrogacy Arrangements Overall and by Sex
| | Total | Males | Females |
| | % |
| The parties themselves | 52.7 | 55.7 | 49.7 |
| The parties with the approval of a government agency | 41.1 | 43.2 | 39.0 |
| Government agencies | 17.4 | 18.2 | 16.7 |
| Non-profit agencies such as welfare organisations or the branch of a hospital | 52.1 | 50.2 | 53.9 |
| Individuals and agencies who charge commercial fees, and intend to make a profit | 2.7 | 3.5 | 1.9 |
| Number of respondents | 2476 | 1158 | 1318 |
II. AGE AND FAMILY STATUS
4.6 In general, a greater proportion of people under 35 was in favour of each of the suggestions made. Support for the involvement of government agencies in arranging a surrogate Motherhood agreement was the same across all age groups. These results appear in Table 4.2.
Table 4.2
Entitlement to make Surrogacy Arrangements by Age
| | 14 - 24 | 25 - 34 | 35 - 49 | 50+ |
| | % |
| The parties themselves | 65.3 | 53.1 | 44.3 | 49.3 |
| The parties with the approval of a government agency | 45.2 | 47.5 | 41.6 | 33.2 |
| Government agencies | 17.1 | 17.2 | 17.3 | 17.9 |
| Non-profit agencies | 61.3 | 56.9 | 49.6 | 43.7 |
| Profit making agencies | 3.5 | 4.3 | 1.8 | 1.7 |
| Number of respondents | 478 | 577 | 659 | 762 |
4.7 The two groups in the population who were most in favour of each of the possibilities mentioned were those who were under 35 and single, and those who were under 35 and married with no children. Age and family status made little difference to attitudes to arrangements being made by government agencies. These details appear in Table 4.3.
Table 4.3
Entitlement to make Surrogacy Arrangements by Age and Family Status
| | Single
14 - 34 | Married
14 - 34
No Child | Married
14 - 34
Child | Married
35+
Child | Married
35+
No Child | Single
35+ |
| | % |
| The parties themselves | 64.4 | 59.8 | 51.3 | 41.0 | 49.7 | 50.5 |
| The parties with the approval of a government agency | 45.3 | 51.1 | 45.8 | 39.0 | 37.2 | 33.6 |
| Government agencies | 17.5 | 15.8 | 17.2 | 15.0 | 19.8 | 17.1 |
| Non-profit agencies | 60.6 | 61.0 | 56.1 | 45.0 | 47.8 | 45.3 |
| Profit making agencies | 3.4 | 4.5 | 4.4 | 1.2 | 0.8 | 4.4 |
| Number of respondents | 521 | 141 | 393 | 467 | 622 | 332 |
III. ATTITUDE TO SURROGATE MOTHERHOOD ITSELF
4.8 The attitude of people to the involvement of intermediaries varied with their opinion of surrogate motherhood for married couples. While some of those who objected to surrogate motherhood did support each of the suggestions put forward, the proportions were uniformly much lower than for those who were in favour of surrogate motherhood.
4.9 About two-thirds of those favouring surrogate motherhood considered that the parties themselves should be permitted to arrange the agreements. Similarly, two-thirds of this group believed that non-profit agencies should also be permitted to become involved. The proportion favouring the use of profit making organisations remained very low. Further details appear in Table 4.4.
Table 4.4
Entitlement to make Surrogacy Arrangements by Opinion of Surrogate Motherhood
| | Approve of | Do not object | Object to | Need to know more | No
opinion |
| | % |
| The parties themselves | 69.4 | 65.6 | 33.7 | 48.6 | 39.1 |
| The parties with the approval of a government agency | 47.9 | 54.0 | 27.3 | 39.0 | 13.2 |
| Government agencies | 24.2 | 19.8 | 13.0 | 17.0 | 5.0 |
| Non-profit agencies | 67.2 | 67.6 | 30.2 | 56.3 | 13.7 |
| Profit making agencies | 4.7 | 3.3 | 1.2 | 2.6 | 2.2 |
| Number of respondents | 390 | 870 | 826 | 320 | 70 |
IV. PERSONAL EXPERIENCE OF FERTILITY PROBLEMS
4.10 The opinions of people with some experience of fertility problems did not vary greatly from those who did not have such experience. Table 4.5 provides further details.
Table 4.5
Entitlement to make Surrogacy Arrangements by Fertility Problems
| | Fertility problem experienced by |
| | Self/ partner | Someone in family | A
Friend | Don’t know
anyone |
| | % |
| The parties themselves | 49.7 | 46.2 | 50.6 | 54.4 |
| The parties with the approval of a government agency | 45.7 | 39.1 | 45.1 | 42.1 |
| Government agencies | 20.8 | 22.0 | 16.3 | 18.2 |
| Non-profit agencies | 60.4 | 56.1 | 54.5 | 54.4 |
| Profit making agencies | 2.4 | 4.7 | 3.5 | 2.4 |
| Number of respondents | 142 | 165 | 528 | 1276 |
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