Surrogacy and Shakespeare: the Merchant's contract revisited

Despite measures intended to assure that adequate information, reasonable understanding, and willing participation are involved in surrogacy contracts, questions of economic coercion remain for surrogate mothers. Surrogate contracts have been voided in several states. Nevertheless, obstetricians may be caught between their wish to help the infertile couple desirous of a baby through surrogacy and the ethical and legal questions about the use of surrogacy as a medical treatment. Obstetricians should not be placed in the position of Portia in The Merchant of Venice, that of an arbiter of an unethical contract. Obstetricians should not prescribe or acknowledge surrogacy as a medical treatment and should not knowingly participate in contracts that lead to surrogate pregnancy.