Assembling the Global Baby
By Tamara Audi and Arlene Chang | The Wall Street Journal | Dec. 10, 2010
This article provides a global overview on laws related to international commercial surrogacy, highlighting the transnational mobility of the practice as regulation around it changes. It might require a subscription or free sign up to The Wall Street Journal.
Excerpt:
In a hospital room on the Greek island of Crete with views of a sapphire sea lapping at ancient fortress walls, a Bulgarian woman plans to deliver a baby whose biological mother is an anonymous European egg donor, whose father is Italian, and whose birth is being orchestrated from Los Angeles.
She won’t be keeping the child. The parents-to-be—an infertile Italian woman and her husband (who provided the sperm)—will take custody of the baby this summer, on the day of birth. […]
The man bringing together this disparate group is Rudy Rupak, chief executive of PlanetHospital.com LLC, a California company that searches the globe to find the components for its business line. The business, in this case, is creating babies.
Stop Surrogacy Now is a global effort to oppose the “exploitation of women and the human trafficking of children through surrogacy.” According to the website, the group includes more than 100 individuals and 16 organizations from 18 countries, who believe all forms of surrogacy should be stopped because it is an abuse of women’s and children’s human rights.
Nigeria’s Baby Farmers
The booming business in international surrogacy, whereby Westerners have begun hiring poor women in developing countries to carry their babies, has been the subject of plenty of media buzzing over the past few years. Much of the coverage regards the practice as a win-win for surrogates and those who hire them; couples receive the baby they have always wanted while surrogates from impoverished areas overseas earn more in one gestation than they would in many years of ordinary work. Heartening stories recount how infertile people, as well lesbian and gay couples who want to have children (and who often suffer the brunt of discriminatory adoption policies), have formed families by finding affordable surrogates abroad. The Oprah Winfrey Show has even portrayed the practice as a glowing example of “women helping women” across borders, celebrating the arrangements as a “confirmation of how close our countries can really be.”
This article challenges “leftists” (individuals with liberal or progressive political and social views) to oppose commercial surrogacy, arguing that the practice flies in the face of two of their most enduring principles: autonomy and equality. It draws a parallel between a sweatshop worker and a gestational mother, both of whom sign contracts out of “economic desperation.” It suggests that such contracts would be deemed “immoral” by “progressives” and, for equality to exist, it is the government’s role (and not that of the contracting parties) to ensure agreements are unenforceable.
Sama is a Delhi-based organization working on issues of women’s health and human rights. A key focus is assisted reproductive technologies (ARTs) and international commercial surrogacy.