The Everlasting Covenant
The Covenant of God to redeem mankind, as presented throughout history.
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6.5 Hagar: Surrogate Motherhood
Adapted by Hubert F. Sturges, www.everlastingcovenant.com, February 2009
Adapted by Hubert F. Sturges, www.everlastingcovenant.com, February 2009
The inability of women to bear children has been documented in written and oral history since the dawn of time. Very early the practice of surrogate motherhood to overcome this "curse" has been used. This practice was approved in many cultures around the world and throughout history.
Ancient methods of obtaining surrogate mothers were sometimes uncivilized and not with the consent of the surrogate mother. Slaves and concubines have been used as surrogate mothers in numerous countries and societies throughout history. Surrogacy was not merely practiced; it was legislated in detail, so that the rights of the various persons involved, most importantly those of the wife and the surrogate, would be safeguarded.
The ancient law code of Hammurabi (ca. 1792-1750 BCE) recognized the practice of surrogacy. It specified the conditions under which it was lawfully permissible and detailed provisions for guidance. In these cases, the wife was entitled to bring a. handmaid to her husband to bear children (that is, to be a surrogate). The law (#144 and #145) makes a very clear distinction between such a surrogate and a concubine (that is, a woman brought into the household by the husband's choice). The law is also very clear in its stipulation that the pre-eminence of the wife must be safeguarded (#145). If the surrogate attempts to make herself equal, the wife has the right to assert herself, but the Code (#146) states the limits of what she may do to maintain her own status.
The surrogate mother was expected to abdicate her rights to the child. It was the responsibility of the intended parents to comply with all applicable laws, and to rear the child. This was often stipulated by contract.
The contracted woman would conceive purposefully with the intention to relinquish the baby and not to keep it as part of her family. However it was not easy to give up the child that she had borne over nine months to another couple. She was not to foster a relationship with the child after birth. The child was to know only its nurturing parents to avoid being confused. A frequent problem was that a mother naturally bonded to her child during pregnancy, and that giving him up was often hard to do. If a surrogate fought back, as only a mother would, she was seen as evil and a contract breaker.
Many contracts stipulated that the surrogate exercise, avoid bad habits and follow a program of good health. After all, the intended parents wanted a healthy baby. What motivation was there for a woman to go through a pregnancy with these stipulations and rules, if she wasn't to care for the child that she was carrying? She needed a reason to carry the pregnancy and to follow the stipulated rules. Many believed that it was the money promised that was the driving force. Others would argue that these women see the gift of a child to help couples become parents as the greatest deed that they can do for another.
This gives us a background to the story of Abram, Sarai, and Hagar. Abram had been in Canaan 10 years. He was 86 and Sarai 76. Sarai was still barren. With the covenant promise of a multitude of descendants ringing in his ears, Abram realized that time was running out. Following the custom of the time, Sarai presented her handmaid, Hagar to be a surrogate mother. The motive was clear in Genesis 16:2 where Sarai said, “I pray thee, go in unto my maid; it may be that I may obtain children by her.” Note especially, the intent that the child would be Sarai”s child not Hagar’s.
In verse three is an unusual situation whereby Sarai “gave her to her husband Abram to be his wife.” This was not the usual custom. One must see in this that Hagar objected, and would agree only if she became a wife, even a second wife, to Abram. Sarai, not realizing Hagar’s intent to keep whatever child would result, accepted this arrangement.
When Hagar became pregnant, “her mistress was despised in her eyes” in clear violation of the law. As a wife, Hagar would share with Ishmael in the inheritance of Abraham. Did Hagar desire even more, to replace Sarai as Abraham’s wife? We can only ask the question. Abraham responded as he was legally required to do: “Behold, thy maid is in thy hand; do to her as it pleaseth thee.”
Sarai dealt hardly with Hagar, with the result that Hagar took Ishmael and fled. The Angel of the Lord appeared to her in the desert and instructed her to “return to thy mistress, and submit thyself under her hands.” Hagar was put back in her place as handmaid to Sarai, but she could take comfort that Ishmael was also a son of Abraham.
Abraham made a series of mistakes:
1) Abraham mistook the intent of God and took matters into his own hands.
2) He would have been more wise to choose a woman not so closely involved with the family.
3) It was a mistake to make her a wife. This was not necessary.
4) Hagar misjudged the relationship Abram had with his wife Sarai. There was no chance that another woman would ever replace her.
5) Abraham continued to misunderstand that only the son of Sarai would be the covenant son, until Hagar and the teenage Ishmael were finally dismissed from his camp.
Surrogacy is also presented in Genesis 30:1-13, where Rachel brings her maid, Bilhah, to Jacob (and Leah later does the same with her maid Zilpah). Genesis 30:3 states, “Behold, my maid Bilhah, go in unto her; and she shall bear upon my knees, that I may also have children by her.” To place a child on one’s knee is a sign of adoption. There is no record that the surrogates in Jacob’s family did anything but to continue as maids to Jacob’s wives.
References:
1). http://surrogate-programs.com/
2). http://theologytoday.ptsem.edu/jul1988/v45-2-article4.htm
3). www.syl.com/hb/thehistoryofsurrogacyandhowitprovidesaalternativeforchildlesscouples.html
4). Olga B.A. van den Akker: Psychosocial aspects of surrogate motherhood. Life & Health Sciences, Aston University, Birmingham, UK. E-mail: o.vandenakker@aston.ac.uk
5). Michelle Vadeboncoeur: Bioethics, PY2713. Due 16 November 1995
6). D. Winton Thomas, ed., Documents from Old Testament Times (New York:Harper Torchbooks, 1958), p. 32.
7). E. A. Speiser, Genesis (New York: Doubleday & Co., 1964), p. 120.
8). Cf. Elsa Tamez, "The Woman Who Complicated the History of Salvation," Cross Currents 36 (Summer, 1986) 2, pp. 129-55.
The contracted woman would conceive purposefully with the intention to relinquish the baby and not to keep it as part of her family. However it was not easy to give up the child that she had borne over nine months to another couple. She was not to foster a relationship with the child after birth. The child was to know only its nurturing parents to avoid being confused. A frequent problem was that a mother naturally bonded to her child during pregnancy, and that giving him up was often hard to do. If a surrogate fought back, as only a mother would, she was seen as evil and a contract breaker.
Many contracts stipulated that the surrogate exercise, avoid bad habits and follow a program of good health. After all, the intended parents wanted a healthy baby. What motivation was there for a woman to go through a pregnancy with these stipulations and rules, if she wasn't to care for the child that she was carrying? She needed a reason to carry the pregnancy and to follow the stipulated rules. Many believed that it was the money promised that was the driving force. Others would argue that these women see the gift of a child to help couples become parents as the greatest deed that they can do for another.
This gives us a background to the story of Abram, Sarai, and Hagar. Abram had been in Canaan 10 years. He was 86 and Sarai 76. Sarai was still barren. With the covenant promise of a multitude of descendants ringing in his ears, Abram realized that time was running out. Following the custom of the time, Sarai presented her handmaid, Hagar to be a surrogate mother. The motive was clear in Genesis 16:2 where Sarai said, “I pray thee, go in unto my maid; it may be that I may obtain children by her.” Note especially, the intent that the child would be Sarai”s child not Hagar’s.
In verse three is an unusual situation whereby Sarai “gave her to her husband Abram to be his wife.” This was not the usual custom. One must see in this that Hagar objected, and would agree only if she became a wife, even a second wife, to Abram. Sarai, not realizing Hagar’s intent to keep whatever child would result, accepted this arrangement.
When Hagar became pregnant, “her mistress was despised in her eyes” in clear violation of the law. As a wife, Hagar would share with Ishmael in the inheritance of Abraham. Did Hagar desire even more, to replace Sarai as Abraham’s wife? We can only ask the question. Abraham responded as he was legally required to do: “Behold, thy maid is in thy hand; do to her as it pleaseth thee.”
Sarai dealt hardly with Hagar, with the result that Hagar took Ishmael and fled. The Angel of the Lord appeared to her in the desert and instructed her to “return to thy mistress, and submit thyself under her hands.” Hagar was put back in her place as handmaid to Sarai, but she could take comfort that Ishmael was also a son of Abraham.
Abraham made a series of mistakes:
1) Abraham mistook the intent of God and took matters into his own hands.
2) He would have been more wise to choose a woman not so closely involved with the family.
3) It was a mistake to make her a wife. This was not necessary.
4) Hagar misjudged the relationship Abram had with his wife Sarai. There was no chance that another woman would ever replace her.
5) Abraham continued to misunderstand that only the son of Sarai would be the covenant son, until Hagar and the teenage Ishmael were finally dismissed from his camp.
Surrogacy is also presented in Genesis 30:1-13, where Rachel brings her maid, Bilhah, to Jacob (and Leah later does the same with her maid Zilpah). Genesis 30:3 states, “Behold, my maid Bilhah, go in unto her; and she shall bear upon my knees, that I may also have children by her.” To place a child on one’s knee is a sign of adoption. There is no record that the surrogates in Jacob’s family did anything but to continue as maids to Jacob’s wives.
References:
1). http://surrogate-programs.com/
2). http://theologytoday.ptsem.edu/jul1988/v45-2-article4.htm
3). www.syl.com/hb/thehistoryofsurrogacyandhowitprovidesaalternativeforchildlesscouples.html
4). Olga B.A. van den Akker: Psychosocial aspects of surrogate motherhood. Life & Health Sciences, Aston University, Birmingham, UK. E-mail: o.vandenakker@aston.ac.uk
5). Michelle Vadeboncoeur: Bioethics, PY2713. Due 16 November 1995
6). D. Winton Thomas, ed., Documents from Old Testament Times (New York:Harper Torchbooks, 1958), p. 32.
7). E. A. Speiser, Genesis (New York: Doubleday & Co., 1964), p. 120.
8). Cf. Elsa Tamez, "The Woman Who Complicated the History of Salvation," Cross Currents 36 (Summer, 1986) 2, pp. 129-55.
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Articles In this section
6.0 Abraham & Covenant
6.1 References AC
6.2 Abraham and Isaac
6.3 References AIJ
6.5 Hagar the Surrogate
6.7 Everlasting Covenant
6.8 References EC
7.0 Circumcision: A Token
7.1 References CAT
8.0 Moses: Called to Lead
8.1 The Exodus
8.2 The Sinai Covenant
8.3 Referencs TSC
8.4 Who Is Jehovah?
8.5 References Jehovah
8.6 The Oral Tradition
9.0 Ten Commandments
9.2 Law Before Sinai
9.3 Law Before Sinai2
9.4 References DBS
9.5 Justice & Civil Law
9.6 Civil Code (Two)
9.7 Ceremonial Law
9.8 References CL