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Where am I now? Lawlink > Law Reform Commission > Publications > Summary
Research Report 2 (1987) - Surrogate Motherhood: Australian Public Opinion
Summary
This Research Report presents the results of a national sample survey of Australian public opinion on aspects of surrogate motherhood arrangements. The survey, which was conducted in November 1986, forms part of the research being undertaken by the New South Wales Law Reform Commission for its project on surrogate motherhood. This, in turn, is part of a major Commission reference covering all aspects of human artificial conception. The survey was made possible by the generous financial assistance of the Law Foundation of New South Wales.
Under the most common form of surrogacy arrangement, a woman (the surrogate mother) agrees to become pregnant, to bear a child and to hand the chi Id over after birth to a married couple (the commissioning couple) to be brought up as their own. The surrogate mother usually becomes pregnant by artificial insemination (AID) with sperm from the husband, although other means of conception might be used. Couples typically make use of surrogacy arrangements in order to overcome medical problems the woman may experience in having children.
The aspects of surrogacy arrangements on which public opinion was sought were the following:
- General attitudes to surrogate motherhood itself;
- Payment of the surrogate mother;
- Involvement of intermediaries in surrogacy arrangements;
- Enforcement of such arrangements;
- Disclosure of the identity of the surrogate mother;
- Availability of surrogacy arrangements to persons other than married couples;
- Availability of surrogacy arrangements for reasons other than medical difficulties.
The principal results of the survey are set out below.
Approval of surrogacy arrangements
The survey first sought an opinion of surrogate motherhood as a means of providing children for married couples who cannot have children because of medical problems. According to the survey results, 16 % of Australians expressly approved of surrogate motherhood as defined in that first question, and more than one-third did not object to it. Together, these two groups give a total of 51% expressing a view which is not opposed to surrogate motherhood. One-third of respondents objected to surrogate motherhood for married couples. A very small proportion did not have an opinion, while 13% said that they needed to know more. Men and women expressed similar opinions.
Young married men and women without children were, as a group, most favourably disposed towards surrogate motherhood. More than 70% of this group either specifically approved of, or did not object to, surrogate motherhood for married couples, while only 15% objected to it.
A greater proportion of Australians professing no religion, or who belonged to a non-Christian religion, gave a favourable opinion on surrogate motherhood than did those who identified themselves as Christians.
Federal voting intention appeared to make little difference to the attitude of people to surrogate motherhood.
The survey sought to determine whether or not attitudes to surrogate motherhood were affected by personal experience of infertility. It emerged that those who themselves had, or whose partner had, a fertility problem were more favourably disposed towards the use of surrogate motherhood.
Attitudes to surrogate motherhood expressed by residents of New South Wales were generally the same as those shared by people across Australia.
Payment of the surrogate mother
Some surrogacy arrangements contemplate payment of a fee to the surrogate mother (“commercial” surrogacy) while other surrogacy arrangements provide that the surrogate mother is to receive either no fee at all, or, at most, reimbursement for her medical expenses. These latter two types of arrangement might be described as “altruistic” surrogacy. The survey sought the attitudes of Australians to these issues.
There is clearly support among Australians for providing some form of payment to the surrogate mother. 40% of Australians would pay the surrogate mother her medical expenses plus an agreed fee. A further 34% considered that the surrogate mother should receive payment for medical expenses only. Only 17% thought that there should be no payment at all.
There were some differences between the views of men and women on this issue. More women considered that there should be at least some payment to the surrogate mother, while more men than women were in favour of “commercial” surrogacy.
Making surrogate motherhood arrangements
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. Respondents were asked whether various persons or agencies should be allowed to arrange surrogate motherhood agreements.
There is a majority view that the parties themselves should be allowed to make the surrogacy arrangements. Similarly, there is majority support for the proposition that non-profit agencies (such as welfare organisations or a branch of a hospital) should also be allowed to make such arrangements. About 40% of Australians considered that the parties should be allowed to make surrogacy arrangements provided that they have the approval of a government agency. There was very little support (17%) for government agencies alone making these arrangements. Very few people indeed (3%) considered that individuals and agencies who charge commercial fees and intend to make a profit should be involved in making surrogacy arrangements.
Enforcement of surrogate motherhood arrangements
Arguably the most controversial aspect of surrogate motherhood arrangements is the question whether the agreement should be enforced if the surrogate mother refuses to surrender the child to the commissioning parents.
Approximately one-third took the view that, in the event of such a dispute, the married couple should have first claim to the child. Support for the surrogate mother in such circumstances was slightly less (26%), while another one-quarter considered that a court should decide the matter. Men and women held similar opinions on who should have first claim to the child.
Disclosure of the identity of the surrogate mother
Another important issue that arises in surrogacy arrangements is whether the identity of the surrogate mother should be revealed to the child. This question is analogous to that arising in the context of adoption procedures, where it may become a matter of great importance for some persons, on learning that they were adopted, to seek out their natural parents. Accordingly, respondents in this survey were asked whether, after the child becomes an adult, the child should be allowed to learn the identity of the surrogate mother.
There was very strong support for the view that the child should be entitled to learn the identity of the surrogate mother. Of all Australians, 71% supported disclosure of her identity, while only 17% would not have revealed her identity.
Responses to this question displayed a marked trend with age. Younger people were most in favour of disclosing the identity of the surrogate mother. This support decreased with age.
Eligibility for surrogate motherhood arrangements
Once views on surrogacy arrangements for married couples had been recorded, interviewees were asked for opinions concerning the availability of surrogacy arrangements to people other than married couples.
At least two-thirds considered that people in the following four categories should be forbidden to make a surrogate motherhood arrangement:
- A male homosexual couple living in a stable domestic relationship;
- A female homosexual couple living in a stable domestic relationship;
- People under 18; and
- People who could not financially support a child.
Less concern was shown about the possibility of surrogacy arrangements for other groups in the community. Approximately half the population considered that people in the following three groups should be forbidden to make surrogacy arrangements:
- An elderly couple;
- A single man; and
- A single woman.
The survey revealed that there was less opposition in the community to surrogacy arrangements for unmarried couples living in a stable domestic relationship, and for people who already had children.
Surrogacy for non-medical reasons
Respondents were initially asked for their views on the availability of surrogacy arrangements to married couples who could not have children because of medical reasons. The survey then went on to ask respondents for their opinion as to the availability of surrogacy arrangements for non-medical reasons. Accordingly, respondents were asked to consider the case of a woman who is capable of bearing a child, but for various reasons of convenience, would prefer a surrogate mother to bear the child for her. The three principal reasons of convenience which were canvassed in the survey were:
- Occupation (for example, where a woman does not want to take time off from her career during her pregnancy);
- Lifestyle (for example, where a woman or couple with an active sport or social life do not want to change their lifestyle during pregnancy);
- Cosmetic (for example, concern about appearance during and after pregnancy).
There was clearly very little support for surrogacy arrangements for these non-medical reasons. Indeed, almost 80% of people did not approve of surrogate motherhood for any of these non-medical reasons.
Nevertheless, some little support was evident for surrogacy arrangements being available in these circumstances. it emerged that 11% of people approved of surrogacy for occupational reasons, while 7% approved of it for lifestyle reasons. Only 5% approved for cosmetic reasons.
Men were rather more inclined than women to approve surrogacy arrangements for each of the three non-medical reasons advanced.
Further particulars
Detailed results of the national public opinion poll are presented in this Research Report. In order to provide further assistance to readers of the report, the results are analysed according to a number of demographic and other relevant factors. The Research Report provides details of the overall results for Australia. In addition, results for New South Wales are given separately where appropriate, and are compared with the national response.
The research report concludes with a chapter which explores in more detail the influence of the religious affiliation of people on their attitudes to surrogacy arrangements. It also examines the views held by members of three groups whose opinions on surrogacy may be of interest:
- Young married people without children;
- People with fertility problems; and
- Younger single people (under the age of 35).
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