Pope Francis has called for a universal ban on surrogate motherhood terming the practice as deplorable and one that turns the unborn child into an object of trafficking.
In a foreign policy address to diplomats, accredited to the Holy See, the pope noted that surrogacy violates the dignity of a woman and the child.
“I consider despicable the practice of so-called surrogate motherhood, which represents a grave violation of the dignity of the woman and the child, based on the exploitation of situations of the mother’s material need,” he said, expressing his hope for an effort by the international community to prohibit the practice universally.
Pope Francis declared that the path to peace calls for respect of every human life, starting with the life of the unborn child in the mother’s womb, which cannot be suppressed or turned into an object of trafficking.
Pope Francis on Commercializing Surrogacy
Also, the Pope portrayed surrogacy as a particularly Western problem, and a culture of death that discard children, the elderly and the sick.
According to Pope Francis, commercialization of pregnancy is a threat to global peace and humanity.
In 2022, he called the practice ‘inhumane’ arguing that it was used to exploit poor women and children who were being treated as commodities.
Nonetheless, surrogate pregnancies are a popular practice for same sex couple who are hoping to have children but cannot conceive naturally.
Typically, criticism of surrogate pregnancies is directed towards commercial surrogacy contracts, in which a person carrying the child is paid for doing so.
Also Read: Pope Francis Allows Blessings for Same Sex Couples in Major Shift
Surrogacy Laws in Different Nations
Furthermore, laws on surrogacy differ widely around the Globe.
In the United States, there are no federal surrogacy laws. However, how a person pursues a surrogacy arrangement will depend on what kinds of processes are allowable in their state.
Commercial surrogacies are banned in Canada, Australia, New Zealand and Brazil but altruistic surrogacies, in which the person carrying the child is not paid for doing so is more common and legal in these countries.
Also, surrogacy is illegal in Asia.
European Countries
Further, in most European countries, surrogacy is largely prohibited. Violation of this law in countries like Austria, Germany, France, Norway, Sweden, and Estonia may attract serious punishment.
Nevertheless, non-commercial surrogacy is allowed in the UK, Netherlands, Denmark, Portugal, Czech Republic. However, they allow the practice under certain conditions.
Surrogacy is also legal in Ukraine, Russia, Belarus but in Greece, Belgium, Spain and Finland, this practice is not regulated by law and is not prohibited either.
Also Read: Pope Francis Fires Vatican Bishop Over New Reforms
Surrogacy in Kenya
The government of Kenya understands that surrogacy is not illegal, but a procedure which helps the childless couples to enjoy parenthood happily.
As such, there are no legal Surrogacy Laws in Kenya.
The government of Kenya directs all parties involved in the surrogacy to sign an agreement before the process begins.
Additionally, the agreement specifies that when the baby is delivered, the surrogate will easily transfer custody of the child to the intended parents and would get paid as compensation.
Further, the intended parents must file a petition with the court on the third day after the baby is born to request permission from the judge to become the infant’s legal parents.
Afterwards, the Court directs the department of vital statistics to issue a fresh birth certificate in the intended parents’ names as the newborn’s legitimate legal parents.
