Menu Expand
Babies for Sale?

Babies for Sale?

Miranda Davies

(2017)

Abstract

Transnational surrogacy – the creation of babies across borders – has become big business. Globalization, reproductive technologies, new family formations and rising infertility are combining to produce a 'quiet revolution' in social and medical ethics and the nature of parenthood. Whereas much of the current scholarship has focused on the US and India, this groundbreaking anthology offers a far wider perspective.

Featuring contributions from over thirty activists and scholars from a range of countries and disciplines, this collection offers the first genuinely international study of transnational surrogacy. Its innovative bottom-up approach, rooted in feminist perspectives, gives due prominence to the voices of those most affected by the global surrogacy chain, namely the surrogate mothers, donors, prospective parents and the children themselves. Through case studies ranging from Israel to Mexico, the book outlines the forces that are driving the growth of transnational surrogacy, as well as its implications for feminism, human rights, motherhood and masculinity.


‘Tackles the booming business in cross-border surrogacy with a provocative collection of international feminist perspectives. It challenges us to think harder about the elephant-in-the-room question: Can commercial transnational surrogacy ever be ethical? This volume makes an important contribution to the debate.’
Marcy Darnovsky, Executive Director, Center for Genetics and Society

‘Transcending the usual rhetoric of reproductive choice and free markets, these authors provide reasoned argument and survey evidence from around the globe, questioning whether surrogacy really represents a “win-win” situation for all parties.’
Donna Dickenson, University of London (Emeritus)

‘Miranda Davies has brought together a number of eminent authors and produced an outstanding collection. By combining academic approaches, empirical evidence and real-life stories, this book adds an entirely new dimension to the debate on the ethics of cross-border commercial surrogacy.’
Katarina Trimmings, University of Aberdeen

‘These original, informed and critical analyses of transnational surrogacy make a vital intervention in impassioned debates. Chapters by leading international scholars and activists address ethical issues, feminist perspectives and the implications for children. They deserve to be widely read.’
Ann Phoenix, Institute of Education, University of London

'A ground-breaking book, where the voices of activists and those of researchers come together to address one of the most important, and complex, phenomena of our time: the transnational market in baby-making.'
Yasmine Ergas, Columbia University

'Useful for collections on globalization, medical ethics, and international law ... highly recommended.'
Choice

'The collection lays out detailed considerations that should be taken into account, through legal regulation, in any surrogacy arrangement, regardless of a country’s position … Whether this will be done, and if so, how rapidly, will depend on the energy brought … Miranda Davies’ anthology is an invaluable contribution to galvanising that energy.'
Jane Cottingham, Reproductive Health Matters

'A brilliant collection.'
Amelia Abraham, Refinery 29


Miranda Davies is a writer and editor with a longstanding interest in gender, development and human rights. She has worked for numerous organisations, including Isis International Women's Network, the Central America Committee for Human Rights, Virago, Channel Four, the Rough Guides, Sort Of Books and CoramBAAF Adoption and Fostering Academy, where she is managing editor of Adoption & Fostering journal. This is her fourth international anthology for Zed.

Table of Contents

Section Title Page Action Price
Front Cover Front cover
About the editor ii
Title Page iii
Copyright iv
Contents v
Acknowledgements viii
Glossary x
Preface xiii
Introduction 1
A new era in human reproduction 3
Surrogacy today: the main actors 7
Can transnational surrogacy ever be ethical? 12
Notes 13
References 13
Part One. Reconstructing Parenthood 17
1. Motherhood in fragments: the disaggregation of biology 19
The backdrop 21
Public health ramifications 24
Contradictions and inconsistencies 26
Guiding principles moving forwards 29
References 31
2. Constructions of gay men’s reproductive desires on commercial surrogacy clinic websites 33
Introduction 33
Previous research 33
Method 35
Results 36
Discussion 43
References 45
Part Two. Global Babies: Who Benefits? 47
3. Transnational surrogacy and the earthquake in Nepal: a case study from Israel 49
The earthquake 49
Regulatory background 51
The rescue effort 53
Inside the business 55
A client’s experience 58
Reproductive trafficking 60
Thoughts on bio-piracy 61
Note 63
References 63
4 Recruiting to give birth: agent-facilitators and the commercial surrogacy arrangement in India 65
Background 65
Recruiting to survive: Deepal 69
Recruiting to train: Paromita 73
Discussion 75
Conclusion 78
Postscript 79
Notes 80
References 81
5. Gestational surrogacy: how safe? 82
Introduction 82
Risks to gestational surrogates 84
Risks to egg providers 87
Absence of data does not mean absence of risk 89
Risks to embryos, fetuses and infants 91
Surrogacy risks shared by pregnant women and infants 95
Conclusion 96
Notes 100
References 100
6. The fertility continuum: racism, bio-capitalism and post-colonialism in the transnational surrogacy industry 105
Introduction 105
The fertility continuum: from sterilization abuse to surrogacy 106
Bio-politics, neoliberalism and global capitalism 111
From female contract labourers to ‘repropreneurs’ 115
Towards a reproductive justice agenda 118
Acknowledgements 120
Notes 120
References 120
7. Networks of reproduction: politics and practices surrounding surrogacy in Romania 123
Introduction 123
Background 125
A growing demand 128
Crackdown on the illegal egg trade 130
Attitudes and motives for pursuing surrogacy: views from the internet 131
The Church and public opinion 135
Notes 138
References 139
8. Surrogacy arrangements in austerity Greece: policy considerations in a permissive regime 142
Introduction 142
The Greek context 143
Greek law 144
Surrogacy in practice 148
Public attitudes 150
Feminist critiques 152
Policy considerations and the economic crisis 154
Conclusions 156
Notes 156
References 157
Blogs and relevant websites 159
Part Three. What about the Children? 161
9. What are children’s ‘best interests’ in international surrogacy A social work perspective from the UK 163
Introduction 163
Surrogacy in the UK 164
Criticisms of the current UK system 167
A growing international surrogacy market 169
A social work response to the challenges posed by international surrogacy 172
Information and money as sources of power and exploitation 176
Pulling it all together to find a way forward 177
Note 180
References 180
10. What about the children? Citizenship, nationality and the perils of statelessness 185
Stateless babies and children: the fundamental dilemmas 185
The limitations of international law 187
Can the law keep up? 190
The role of the European courts 191
The risks and realities of separation 194
Some examples from the UK 195
The situation in the US 197
Should intended parents be screened? 198
Conclusion 199
Notes 200
References 201
11. Transnational third-party assisted conception: pursuing the desire for ‘origins’ information in the internet era 204
Introduction 204
Rules and regulations 207
Harnessing the power of the internet 210
Concluding thoughts 214
Note 216
References 216
Part Four. Feminist Responses around the World 219
12. Frequently unasked questions: understanding and responding to gaps in public knowledge of international surrogacy practices worldwide 221
Assisted reproduction in an unregulated global market 221
Digging deeper: transnational commercial surrogacy on the ground, in the media and online 225
On the ground: a survey of grassroots knowledge and response 226
In the news media: a survey of trends in coverage 229
Online: sorting through the internet noise 233
The agility and growth of a business 238
Surrogacy360: addressing the knowledge gap and expanding civil society discourse 240
Conclusion 241
Notes 241
References 242
13. Surrogate motherhood: ethical or commercial? 245
Introduction 245
The landscape of surrogacy in India 246
Jurisdiction in India 247
CSR study: Delhi and Mumbai 252
The surrogate mothers 252
The commissioning parents 255
Surrogacy centres/clinics/agencies in Delhi and Mumbai 256
More recent recommendations 257
Acknowledgements 260
Note 260
References 260
14. Surrogacy in Mexico . 262
Surrogacy as a human rights issue 262
ARTs in Mexico 263
Surrogacy legislation in Mexico 264
Surrogacy practices in Mexico 266
Final remarks 274
Notes 274
References 275
15. A reproductive justice analysis of genetic technologies: report of a national convening of women of colour and indigenous women 276
Introduction 276
1. Genetic technologies in different communities 279
2. Identifying shared values and perspectives 285
3. Next steps 287
4. Application of analysis and strategy in response to federal legislation 288
Conclusion 290
Notes 291
16. I donated my eggs and I wouldn’t do it again 292
17. Swedish feminists against surrogacy 298
THE STORY OF THE HAPPY BREEDER 298
Happy families 299
A ‘revolutionary act’ 300
Prostitution 302
A FEMINIST ‘NO’ TO SURROGATE MOTHERHOOD 304
Surrogate motherhood in Sweden 304
Why feminists say ‘no’ to surrogacy 305
There is no such thing as ‘altruistic’ surrogacy 306
Swedes using transnational surrogacy 307
Conclusions 308
References 308
Part Five. Looking Ahead 311
18. Mapping feminist views on commercial surrogacy 313
Introduction 313
The libertarian approach 314
Reformists 316
Abolitionists 322
Conclusion 325
Notes 326
References 326
19. Transnational commercial surrogacy in India: to ban or not to ban 328
Surrogacy scandals and surrogacy laws 329
A national prohibitory approach 332
‘Fairtrade surrogacy’ and the dignity of labour 336
Notes 340
References 341
20. Governing transnational surrogacy practices: what role can national and international regulation play? 344
Introduction 344
Laws, policies and practices of countries around the world 345
‘Destination’ countries move to prohibit international and commercial surrogacy 351
International law engaged 353
International human rights and surrogacy 354
What regulatory approach should be taken? 359
Conclusion 370
Notes 372
References 374
About the authors 376
Index 383
Back Cover Back cover