The journey of surrogacy is a testament to human ingenuity, compassion, and the relentless pursuit of creating families. From its ancient roots to its modern-day applications, surrogacy has evolved significantly, touching countless lives along the way. Let’s embark on a fascinating exploration of surrogacy’s rich history, tracing its origins and following its path to becoming a viable option for many hopeful parents today.
Surrogacy During Antiquity
The concept of surrogacy is far from new. In fact, its roots can be traced back thousands of years, with some of the earliest recorded mentions appearing in ancient civilizations. These early forms of surrogacy were quite different from what we know today, but they laid the groundwork for the modern practices we now see.
In ancient Mesopotamia, specifically in Babylonian society, there are records of women unable to conceive who would allow their husbands to have children with other women. This practice, while not exactly surrogacy as we know it today, shows that the idea of a woman carrying a child for another has been around for millennia.
Perhaps the most well-known ancient references to surrogacy come from the Bible, specifically in the Book of Genesis. Two notable instances stand out:
1. The story of Abraham and Sarah: Unable to conceive, Sarah offered her handmaid Hagar to Abraham to bear a child on her behalf. This resulted in the birth of Ishmael.
2. The account of Rachel and Jacob: Rachel, who was initially barren, gave her maid Bilhah to her husband Jacob to bear children for her.
These biblical accounts showcase a form of traditional surrogacy, where the surrogate uses her own egg and is artificially inseminated with the intended father’s sperm. While quite different from modern gestational surrogacy, these stories illustrate that the basic concept of one woman carrying a child for another has been present in human society for thousands of years.
Interestingly, the word “surrogate” itself has Latin origins. It comes from the verb “subrogate,” which means to substitute or to stand in for another. This linguistic root perfectly captures the essence of surrogacy – one person standing in for another in the crucial role of carrying and birthing a child.
It’s important to note that in these ancient times, surrogacy was often seen as a last resort to continue a family lineage. In many cultures, especially those following Judaeo-Christian traditions, having an heir was of utmost importance, sometimes even mandated by law. Surrogacy, in its early forms, provided a solution to this societal pressure.
Surrogacy in the Modern Era
As we move from antiquity to more recent times, the history of surrogacy becomes somewhat murky. From the ancient period up until the mid-20th century, there’s a noticeable gap in recorded information about surrogacy practices. This lack of documentation doesn’t necessarily mean surrogacy wasn’t happening; rather, it suggests that it might have been a taboo subject, rarely discussed openly or recorded in official documents.
The stigma surrounding surrogacy during this period likely stemmed from societal and religious views that considered it unnatural or a violation of the sanctity of procreation. This attitude may have pushed surrogacy practices underground, making them difficult to trace historically.
However, the landscape of surrogacy changed dramatically in the latter half of the 20th century, thanks to groundbreaking advancements in reproductive medicine. The development of in vitro fertilization (IVF) in the 1970s marked a turning point in the history of surrogacy, paving the way for what we now know as gestational surrogacy.
In 1978, the world witnessed a medical miracle when Louise Joy Brown, the first “test-tube baby,” was born in the United Kingdom. This successful IVF birth, achieved by scientists Patrick Steptoe and Robert Edwards, opened up new possibilities for individuals and couples struggling with infertility.
The success rates of IVF improved steadily over the following decades:
– In the 1970s, the success rate was around 5%
– By the 1980s, it had increased to about 10%
– In the 1990s, success rates reached approximately 25%
These improvements made IVF, and by extension, gestational surrogacy, increasingly viable options for those hoping to start or expand their families.
The 1990s saw further advancements in reproductive technology. In 1992, Gianpiero Palermo introduced intracytoplasmic sperm injection (ICSI), a technique where a single sperm is injected directly into an egg. This breakthrough significantly improved fertilization rates, especially for couples dealing with male factor infertility.
During the same period, scientists developed preimplantation genetic diagnosis (PGD) techniques. This allowed for the screening of embryos for certain genetic conditions before implantation, adding another layer of reassurance for intended parents.
These scientific advancements set the stage for modern surrogacy as we know it today. They made it possible for a surrogate to carry a child that is genetically unrelated to her, opening up new possibilities and reducing potential legal and emotional complications.
History of Surrogacy in the United States
The United States has played a significant role in the development of modern surrogacy practices. The journey of surrogacy in the U.S. is marked by legal milestones, ethical debates, and steadily growing acceptance.
The first formal surrogacy contract in the United States was drafted in 1976 by lawyer Noel Keane. This early agreement didn’t involve any monetary compensation for the surrogate, setting it apart from later commercial surrogacy arrangements. While details about this first contract are scarce, it marked the beginning of a new era in American family-building options.
A few years later, in 1980, the first compensated surrogacy arrangement in the U.S. took place. Elizabeth Kane (a pseudonym) received $11,500 for carrying and delivering a child for another couple. This event sparked discussions about the ethics and legalities of paying women to be surrogates, a debate that continues to this day.
As surrogacy became more prevalent, so did the need for agencies to facilitate these arrangements. The first surrogacy agency in the United States, Surrogate Family Services Inc., was established in Louisville, Kentucky, in 1980. This agency, and others that followed, played a crucial role in matching intended parents with potential surrogates and guiding them through the process.
The 1980s also saw a rise in traditional surrogacy arrangements, where the surrogate uses her own egg. However, the infamous “Baby M” case in 1986 (which we’ll discuss in more detail later) highlighted the potential pitfalls of this approach and led to a shift towards gestational surrogacy.
By the 1990s, gestational surrogacy – where the surrogate carries an embryo created with the intended parents’ or donors’ genetic material – became the preferred method. This shift was facilitated by improvements in IVF technology and success rates.
Today, surrogacy in the United States is more common and accepted than ever before. It’s estimated that gestational surrogates give birth to about 750 babies per year in the U.S. However, it’s important to note that surrogacy laws vary significantly from state to state, with some states being much more surrogacy-friendly than others.
Surrogacy Legal Cases
The history of surrogacy in the United States is punctuated by several landmark legal cases that have shaped the landscape of surrogacy law and practice. These cases have addressed complex questions about parental rights, the validity of surrogacy contracts, and the best interests of children born through surrogacy.
The Baby M Case (1986)
Perhaps the most famous surrogacy legal case in U.S. history is the Baby M case. In 1985, Mary Beth Whitehead entered into a traditional surrogacy agreement with William and Elizabeth Stern. Whitehead was artificially inseminated with William Stern’s sperm and agreed to surrender the baby to the Sterns after birth for $10,000.
However, after giving birth, Whitehead had a change of heart and decided she wanted to keep the baby. This led to a highly publicized legal battle that lasted several years. In 1988, the New Jersey Supreme Court ruled that the surrogacy contract was invalid because it violated public policy. They awarded custody to William Stern (the genetic father) but granted visitation rights to Whitehead.
The Baby M case had far-reaching implications:
1. It highlighted the emotional complexities of traditional surrogacy.
2. It led many states to pass laws banning or regulating surrogacy.
3. It accelerated the shift towards gestational surrogacy, where the surrogate has no genetic connection to the child.
Johnson v. Calvert (1993)
This California case was one of the first to address gestational surrogacy. Anna Johnson agreed to carry a child for Mark and Crispina Calvert, using an embryo created with the Calverts’ genetic material. During the pregnancy, Johnson changed her mind and sued for parental rights.
The California Supreme Court ruled in favor of the Calverts, stating that in cases where genetics and birth are split between two women, the woman who intended to bring about the birth of a child that she intended to raise as her own is the natural mother under California law.
This case set an important precedent for gestational surrogacy arrangements and the concept of “intentional parenthood.”
In re Baby M (2009)
Not to be confused with the 1986 case, this more recent Baby M case in New Jersey dealt with gestational surrogacy. A gestational carrier, who had no genetic connection to the child she carried, sought to be named as the child’s legal mother.
The New Jersey Superior Court ruled that the gestational carrier had no parental rights to the child. This decision marked a significant shift in New Jersey’s surrogacy law since the 1988 Baby M decision.
These cases, among others, have played a crucial role in shaping surrogacy laws and practices in the United States. They’ve highlighted the need for clear legal frameworks to protect all parties involved in surrogacy arrangements, including the surrogate, the intended parents, and most importantly, the children born through surrogacy.
Conclusion
The history of surrogacy is a testament to human perseverance and the deep-seated desire to create families. From its ancient origins to its modern applications, surrogacy has evolved significantly, overcoming societal taboos, legal challenges, and technological limitations.
Today, surrogacy offers hope to many who might otherwise be unable to have children, including same-sex couples, individuals with fertility issues, and those with medical conditions that make pregnancy risky. While ethical debates and legal complexities continue to surround the practice, surrogacy has become an increasingly accepted and celebrated way of building families.
As we look to the future, it’s clear that surrogacy will continue to evolve. Advances in reproductive technology may further improve success rates and reduce risks. Legal frameworks may become more uniform across states and countries, providing clearer protections for all involved.
What remains constant, however, is the profound impact of surrogacy on the lives it touches. Behind every surrogacy journey is a story of hope, sacrifice, and love – a reminder of the extraordinary lengths people will go to create and nurture families.
The history of surrogacy is far from over. As society continues to grapple with questions of family, fertility, and reproductive rights, surrogacy will undoubtedly play a significant role in shaping these conversations. By understanding its past, we can better navigate its present and future, ensuring that surrogacy continues to be a positive force in helping people realize their dreams of parenthood.
About SurrogateFirst
SurrogateFirst was born from a deeply personal understanding of the surrogacy journey, rooted in our core values of endurance, transformation, hope, and the miracle of life. Our foundation is built on the profound experiences of real-life surrogates and the incredible impact their selfless acts have on countless lives.
Our mission comes from the heart: to be the most compassionate, supportive partner to our surrogates, ensuring their physical and emotional well-being, as well as their financial security. Every member of our team carries the weight of personal experience—whether as dedicated surrogates who’ve felt the joy of helping create families, as intended parents who’ve known the ache of longing and the thrill of dreams fulfilled, or as medical professionals who’ve witnessed the power of science and human kindness working in harmony.
With deep respect and unwavering transparency, we walk alongside you, crafting a personalized journey from the magical moment of matching surrogate and intended parents, through the intricacies of legal and financial planning, to the breathtaking experience of pregnancy, birth, and beyond. At SurrogateFirst, we don’t just manage a process—we nurture dreams, forge lifelong bonds, and help write the most beautiful chapters in people’s lives.
Ready to start your surrogacy journey? Contact our team if you have any questions!
