Originally proposed by Norwegian academic Anna Smajdor, the idea of using brain-dead women as surrogates has sparked interest world-wide. After backlash swarmed Colombia’s medical association, they were forced to apologize for this suggestion.
In November 2022, the Colombian Medical College published an article on whole-body gestational donation (WBGD). WBGD is a concept that was first considered by an Israeli researcher back in 2000, but many doctors have been touching on this subject more recently.
Similar to organ donors, WBGD would give women the option to opt-in to being a surrogate mother, giving prior consent to the surrogacy before actually being declared clinically brain dead. According to Professor Smajdor, using brain-dead women to carry surrogate pregnancies “deserves serious consideration.”
“We already know that pregnancies can be successfully carried to term in brain-dead women. There is no obvious medical reason why initiating such pregnancies would not be possible,” Professor Smajdor stated.
Smajor believes that surrogacy through brain-dead women can become a common way that children may be brought into the world, saying that it avoids the health risks for the eventual mother. However, this doesn’t take into consideration the health risks for the surrogate. Instead, it completely negates them.
Though the women involved would have to consent to be used as a surrogate mother before being clinically brain-dead, the suggestion still leaves a poor taste. It seems wrong that this is even within consideration; how can using a brain-dead woman to carry a pregnancy be considered ethical?
In looking at these suggestions through a feminist lens, many critiques arise. Brain-dead men are left entirely out of the Columbian Medical College’s suggestions for WBGD. Although it has been proven that brain-dead men can produce semen, this is not a part of the general discussion for revising the definition of organ donation.
It speaks volumes to what women are constantly viewed as within our society. Women are oftentimes solely seen as “baby-makers,” as if that is their only purpose. In “objection” to feminist approaches, Professor Smajor states that there is potential to adapt male bodies to give birth as well. That being said, this isn’t currently the case.
The timing of consent is also cause for alarm. Though women may be able to give prior consent, they cannot give consent to the pregnancy at the time of insemination. Consent in any other surrogacy is requested at the time the procedure is being conducted for this reason, not in advance.
This brings up the question of the ethical value as to whether or not using a legally dead person to create a new life is acceptable. This procedure is representative of patriarchal thought. Women are often seen as “baby-making machines”- even post mortem. You would not see men being given this same treatment. Men don’t have these pressures and expectations laid on them.
Even if a woman gives prior consent, a person who is brain-dead is legally confirmed as dead. With this in mind, it is extremely unethical to propose the idea of using brain-dead women as surrogates as she cannot speak for herself while the procedure would take place; she is considered legally dead. If a person is considered legally dead, having them carry a surrogate pregnancy is completely unacceptable.
Though the Colombian Medical College initially defended their article, they made an official statement of apology last week. In response to the article, Colombian member of Congress Jennifer Pedraza said “Women are not utensils to be thrown away after use, women have human rights, even if some people forget this.” Though a woman undergoing this procedure would have prior knowledge, there are still risks of approving something like WBGD due to patriarchal standing behind the suggestion. Would men be asked to take these same tolls?
