New Vision (Kampala)

Uganda: Enact Law on Surrogate Mothers

26 December 2008


editorial

Kampala — In-vitro fertilisation, popularly known as the process for getting test tube babies, has become a reality in Uganda.

A particularly interesting component of this science is the possibility of one woman carrying another woman's pregnancy. This raises legal and ethical questions not well answered by present-day Ugandan laws.

In Europe there have been incidences where surrogate mothers became emotionally attached to the babies and tried to refuse to hand them over. In India, wealthy infertile couples from Europe have taken advantage of poor local women and used them as surrogate mothers for much smaller fees than they would have paid in Europe.

The law should clearly spell out who can be a surrogate mother, the procedure for becoming one, as well as the relationship between the surrogate mother, the baby and the genetic parents.

The genetic parents and the surrogate mother should sign an agreement that spells out what each side gives and takes. Such a contract should be reviewed by a medical body charged with ensuring that it doesn't violate the rights of either party.

The genetic mother should be compelled to meet the surrogate mother's cost of medical care. The surrogate mother, having agreed to carry the pregnancy, must be obliged to protect the foetus, including abstaining from alcohol.

The present situation, without a specific law, leaves the baby and both mothers vulnerable.

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