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Where am I now? Lawlink > Law Reform Commission > Publications > 9. Attitudes of Particular Groups
Research Report 2 (1987) - Surrogate Motherhood: Australian Public Opinion
9. Attitudes of Particular Groups
I. INTRODUCTION
9.1 In previous opinion polls on issues related to artificial conception, some groups have been identified as expressing attitudes different from those of the rest of the community. This Chapter explores in more detail the influence of the religious affiliation of people on their views on surrogacy. It also examines the views expressed in the Commission survey by members of three groups whose attitudes to surrogacy may be of interest:
- Young married people without children;
- People with fertility problems; and
- Younger single people (under the age 35).
II. THE INFLUENCE OF RELIGION
9.2 The interviews for the Commission survey were undertaken in November 1986, well before the release by the Vatican of its statement concerning aspects of artificial conception. That document, Instruction on Respect for Human Life in its Origin and on the Dignity of Procreation, prepared by the Congregation for the Doctrine of the Faith and approved by Pope John Paul II, strongly advised against resort to surrogacy arrangements. The views of Catholics interviewed for the purposes of this survey were, then, uninfluenced by the Vatican statement of February 1987.
9.3 The proportion of Catholics who specifically approved of surrogate motherhood was not lower than that of their fellow Christians. On the other hand, grouping those who specifically approved with those who did not object to surrogacy arrangements, fewer Catholics (44%) expressed a favourable attitude towards surrogate motherhood than did Anglicans (53%), members of the Presbyterian, Uniting, Methodist and Baptist congregations (“Other Protestants”: 49%) and those with no religion (68%). However, those persons identified as “Other Christians” exhibited a generally less favourable attitude (37%). These results are illustrated in Figure 7. Since only 22 people described as “Non Christian” were interviewed in the survey, the sample is too small to warrant detailed comment. Accordingly, this group has been omitted from Figure 7 and from further comment in this Chapter.
9.4 The proportion of Catholics who either had no opinion, or who needed to know more, was not significantly different from members of the other Christian groups, suggesting some degree of uncertainty on the subject generally.
9.5 When asked whether the surrogate mother should receive payment, a higher proportion of Catholics (20%) took the view that the surrogate mother should receive no payment, than did Anglicans (16%), “Other Protestants” (those belonging to the Presbyterian, Uniting, Methodist and Baptist congregations (15%)) and those with no religion (12%). Members of the “Other Christian” churches, on the other hand, were less favourably disposed to payment of the surrogate mother: 23% were not in favour of any payment to her. Proportionately more Catholics considered that surrogate mothers should only be paid for their medical expenses (38%) than did members of other Christian groups (29% to 36%). Some 34% of Catholics considered that the surrogate mother should receive both her medical expenses and a fee. Members of the other Christian denominations were rather more favourably disposed to such commercial surrogacy arrangements (37% to 42%).
9.6 There were no significant differences according to religion on the question of which persons or organisations should be allowed to arrange surrogate motherhood agreements.
9.7 When asked the more difficult question as to who should have first claim to the child if the surrogate mother wished to keep the child after his or her birth, 30% of Catholics favoured the surrogate mother, while another 30% thought that the commissioning couple should have first claim to the baby. Members of the “Other Christian” denominations were also equally divided. On the other hand, members of the Anglican, Presbyterian, Uniting, Methodist and Baptist denominations, together with people of no religion, were more inclined to favour the commissioning couple. Approximately one-quarter of Catholics considered that the decision should be made by a court. This response was similar to that given by members of each of the other Christian congregations, and by people with no religion.
9.8 On the issue as to whether the identity of the surrogate mother should be revealed to the child after the child becomes an adult, responses differed slightly according to religion. While 72% of Catholics considered that the child should be entitled to this identifying information, members of other Christian groups were slightly less in favour (66% to 70%). By contrast, 78% of those with no religious affiliation supported disclosure of the identity of the surrogate mother.
9.9 Opinions concerning the availability of surrogacy arrangements to people other than married couples revealed some interesting patterns. A lower proportion of Catholics and people with no religion considered that surrogacy arrangements should be forbidden to de facto couples, single men and single women. A higher proportion of Catholics, Anglicans and “Other Protestants”, however, considered that surrogate motherhood arrangements should be forbidden in the case of homosexual couples, whether male or female.
9.10 While fewer Catholics were favourably disposed to the use of surrogate motherhood by married couples, their attitude to other aspects of surrogate motherhood was not significantly different from the views of members of other religious denominations.
III. YOUNG MARRIED PEOPLE WITHOUT CHILDREN
9.11 It has been reported elsewhere that men and women under 35 who are married with no children, have generally expressed the most favourable attitudes to issues related to artificial conception.1 The views of this group recorded in the Commission’s survey will now be examined.
9.12 The highest rate of specific approval of surrogate motherhood for married couples was shown by married women under 35 who did not have children (24%). This group exhibited the greatest overall positive attitude to surrogate motherhood (73% said that they approved or did not object), closely followed by married men under 35 who did not have children (69%). These groups had by far the lowest rates of “not objecting” to surrogacy for married couples (15%, compared with an overall national response of 33%).
9.13 These responses were reflected in the attitude of the same groups to payment of surrogate mothers. Only 6% of the women and 7% of the men considered there should be no payment, while well over half (54% of men and 60% of women) considered that there should be payment covering both the medical expenses and a fee. This response might be compared with the rather lower level of overall support (40%) recorded by survey respondents to this proposal.
9.14 On the question of entitlement or licence to make surrogacy arrangements, about 60% of married men and women under 35 who did not have children considered that the parties themselves should be so entitled, compared with a national overall response of 53%. Single people under 35 constituted the only group in this survey to register a greater level of support for the proposition.
9.15 The proportions of married men and women under 35 without children who considered that non-profit agencies may be involved were higher than the national average. Approximately half of these men and women considered that the parties should be allowed to make surrogacy arrangements with the approval of a government agency. This proportion was greater than for any other group surveyed according to age and family status.
9.16 The responses of these younger men and women to the difficult question which would arise if the surrogate mother refused to give up the child after birth, revealed that these younger married men and women were less inclined to recognise the surrogate mother as having the first claim. Almost half the married men under 35 who did not have children considered that the married couple should have the first claim to the child, a result that might be compared with the overall national response of 34%. Of that same group, a lower proportion than overall considered that the surrogate mother should have the first claim.
9.17 Of the married women under 35 who did not have children, only 17% would have recognised the surrogate mother as having the first claim, compared with the overall national response of 26%. A greater proportion (32%) of married women under 35 without children than the overall national response (25%) considered that a court should decide the matter, while the proportion of such women (36%) who considered that the couple should have the first claim was close to the national response (34%).
9.18 Approximately 80% of married people under 35 who did not have children considered that the child should be entitled to learn the identity of the surrogate mother. While this proportion is high, it is similar to that found with single people in the same age group, and with other married people in the same age group who did have children.
9.19 Generally, married men and women under 35 without children were more favourably disposed to surrogacy arrangements being available to persons other than married
couples. Single people in that same age group expressed very similar attitudes.
9.20 Again, those married men and women under 35 who did not have children were more in favour of the use of surrogate motherhood for reasons of convenience than were the other married people who were surveyed, but not to the same extent as were single people under the age of 35.
9.21 In summary, married men and women under 35 who did not have children generally expressed more favourable attitudes to the various questions concerning surrogate motherhood posed in the Commission’s survey than any other group defined by age and family status.
IV. PERSONAL EXPERIENCE OF FERTILITY PROBLEMS
9.22 In order to determine whether or not attitudes to surrogate motherhood were affected by personal experience of infertility, respondents were asked whether they themselves, or their spouse or partner, or someone in their family or a friend or someone else known to the respondent had had fertility problems. The proportion who did not answer this question was high (15%). It is, therefore, possible that some respondents who did have fertility problems chose not to identify themselves in answering the survey.
9.23 Although more than half (53%) reported that they did not know anyone with a fertility problem, 20% replied that they knew a friend with a fertility problem, while 7% knew someone in the family and 5% said either they or their partner had a fertility problem. That is, almost one-third stated that they, their spouse, a member of their family or a friend had a fertility problem. In a previous opinion poll where this question was asked, 19% admitted that they, a member of their family or a friend had been exposed to a fertility problem.2 The following paragraphs examine in more detail the responses given by those persons surveyed who indicated that either they themselves or their partners had fertility problems.
9.24 Those people who themselves had, or whose partner had, a fertility problem were more in favour of the use of surrogate motherhood. Over one-fifth (22%) specifically approved of surrogate motherhood for married couples, while a further 36% did not object to it. A still substantial proportion (12%), similar to the overall national response, considered that they needed to know more.
9.25 A higher proportion (47%) of those who themselves had, or whose partner had, a fertility problem considered that the surrogate mother should be paid only expenses, compared to 34% overall. The proportion advocating no payment was not different from people who did not have fertility problems, but the proportion favouring payment of expenses plus a fee was lower (34% compared with 40% overall).
9.26 The opinions of this group on the involvement of intermediaries in making surrogacy arrangements did not vary much at all from those who did not have such experience of fertility problems, although a greater proportion (60% compared with 52% overall) supported the involvement of non-profit organisations.
9.27 People with personal experience of fertility problems appeared to have formed definite views on the enforcement of the surrogacy arrangement in the event of a dispute. While 38% of this group favoured the commissioning couple in such circumstances, support for allowing the surrogate mother to keep the child was also higher than the overall national response. There was a low level of indeterminate responses (“can’t say” and “depends”).
9.28 Members of this group gave very strong support (79%) for the proposition that the child should be entitled to information on the identity of the surrogate mother. Attitudes to the availability of surrogacy arrangements for groups other than married couples did not appear to be affected by personal experience of fertility problems. However, such experience did have a bearing on attitudes to surrogacy for non-medical reasons. Persons in this group gave even less support than the general population for the use of surrogacy for non-medical reasons.
V. SINGLE PEOPLE UNDER 35
9.29 The proportion of single people under 35 who did not object to the use of surrogate motherhood by married couples (43%) was higher than the national overall response (35%). Consistently with this response, a lower proportion of such single people (28%) than overall (33%) objected to its use. The proportion of single people under the age of 35 who specifically supported surrogacy for married couples was slightly above the overall response, while a lower proportion of such single people than the national response said that they needed to know more about the subject. Overall, the opinions expressed by single people under 35 to the questions about surrogate motherhood were not as favourable as those of married people under 35 with no children.
9.30 A higher proportion of single people under 35 than the national response considered that the surrogate mother should receive payment for both expenses and a fee, while fewer considered that she should receive no payment. Young married people with no children expressed similar attitudes, but more strongly.
9.31 In general, a greater proportion of people under 35 either single, or married with no children, agreed with each of the possibilities for the involvement of various parties in making arrangements for surrogate motherhood. Almost two-thirds of single people under 35 considered that the parties themselves should be allowed to make such arrangements.
9.32 Almost one-third of this group (greater than any other group examined by age and family status) considered that the court should determine disputes concerning custody of the child. Single people under the age of 35 tended to show less support than overall for the commissioning couple and for the surrogate mother in the event of a dispute over custody.
9.33 The proportion of those under the age of 35 (whether single or married, and whether with or without children) who favoured disclosure of the identity of the surrogate mother to the child was well above the overall national response. In particular, 85% of young single women supported such disclosure.
9.34 Single people under the age of 35 were rather less inclined than people generally to forbid persons other than married couples to make surrogate motherhood arrangements. In fact, the views of young single people were similar to those recorded by young married people who did not have children. Young men were rather more inclined than young women to allow surrogacy arrangements for persons other than married couples. Young women, on the other hand, were more supportive of surrogacy arrangements for homosexual couples (whether male or female) and for people who already had children.
9.35 Single people under the age of 35 were most in favour of the use of surrogate motherhood for reasons of convenience. Young single men were more in favour of surrogacy for convenience reasons than were young single women. This was the case for each of the specific reasons of convenience (occupation, lifestyle and cosmetic), as well as for the overall response.
Footnotes
1. Graeme Rawson Australian Attitudes to Human Artificial Insemination The New South Wales Advisory Committee on Human Artificial Insemination (1984) at 9; Gabor T Kovacs, Carl Wood, Gary Morgan and Margaret Brumby “The Attitudes of the Australian Community to Treatment of Infertility by In Vitro Fertilization and Associated Procedures” (1985) 2(4) Journal of in Vitro Fertilization and Embryo Transfer 213, at 214; Margaret Brumby “Australian community attitudes to in vitro fertilization” (1983) 2 Medical Journal of Australia 650 at 652.
2. Graeme Rawson, note 1 at 12.
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