Article: The Billion Dollar Babies

Logo of Phnom Penh Post newspaperThe Billion Dollar Babies
By Vandy Muong and Will Jackson | The Phnom Penh Post | Jan. 2, 2016

With commercial surrogacy banned in India, Nepal, and Thailand, this article takes a closer look at Cambodia as the next destination. It explores the legal and ethical status of the practice, concluding on a message of “buyer beware” as people considering surrogacy are warned about the risks of not being able to take children home or being charged with human trafficking.

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Article: The Dwindling Options for Surrogacy Abroad

The Dwindling Options for Surrogacy Abroad
By Danielle Preiss and Pragati Shahi | The Atlantic | May 31, 2016

This comprehensive article covers international commercial surrogacy laws around the world, with emphasis on and the implications of recent legal changes in India, Thailand, and Nepal. It follows an Australian couple, forbidden from paying gestational mothers in their own country, on a journey that spans Israel (the location of their agency), India (where their gestational mother lives), and Nepal (where she travels for embryo transfer and the birth) — with helpful insights on the effects of such arrangements on the children that are caught in the middle.

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Article: Israel Evacuates Surrogate Babies From Nepal but Leaves the Mothers Behind

Israel Evacuates Surrogate Babies From Nepal but Leaves the Mothers Behind
By Debra Kamin | Time | April 28, 2015

This article follows the surrogacy relationship between Israel and Nepal, with a focus on Nepal after the 2015 earthquake. It describes the Israeli government’s evacuation of (Israeli) intended parents and their children, as well as resulting international criticism at leaving behind the gestational mothers that gave birth to the newborns.

The article also questions current law in Israel, which only allows heterosexual couples to use surrogacy in the country.

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For more, listen to “Birthstory,” a podcast about a gay couple from Israel that were in Nepal to pick up their surrogacy-delivered children when the earthquake hit.

 

Book: Politics of the Womb: The Perils of IVF, Surrogacy and Modified Babies

Politics of the Womb: The Perils of IVF, Surrogacy and Modified Babies
By Pinki Virani | Penguin | 2016
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screen-shot-2016-10-25-at-11-53-42-amFrom the book description:

How safe is aggressive Ivf, invasive Icsi, exploitative ovarian hyper-stimulation and commercial surrogacy? Politics of the Womb proves that there can be broken babies and breaking mothers; it rips away the romanticism around uterus transplants, warns of genetic theft and designer babies , and points to the human element being sacrificed, as artificial reproduction uses, reuses and recycles the woman. Pinki Virani combines investigation with analysis to question those who lead the worldwide onslaught on the woman s womb in the name of babies, and squarely confronts what has become the business of baby-making by a chain of suppliers that manufactures on demand.

Read reviews of the book by Abantika Ghosh at The Indian Express,

From the review:

The book is infused with dollops of feminism, some rudimentary anatomy, physiology and a lot of search results for IVF research posing as factual analysis of the baby-making industry, when the conclusions the book arrives at appear to have been decided way before the first line was typed.

Article: Gay Couple Win Custody Battle Over Thai Surrogate Mother

Gay Couple Win Custody Battle Over Thai Surrogate Mother
By Oliver Holmes | The Guardian | April 26, 2016

the guardianThis article follows up on a case in Thailand involving a same-sex couple that won a legal battle against the gestational mother who gave birth to their daughter, but refused to sign the paperwork to allow the baby to leave the country when she found out they were gay. It also provides links to articles covering the case of Baby Gammy and a 24-year old Japanese businessman who fathered 16 children with Thai gestational mothers – both of which led to the country’s current ban on the practice.

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For additional background on the case, read more by Oliver Holmes at The Guardian.

Article: Thailand Bans Commercial Surrogacy

Thailand Bans Commercial Surrogacy
By The Guardian | Feb. 20, 2015

the guardianThe Baby Gammy case made headlines in August 2014, when a Thai gestational mother claimed that Australian intended parents abandoned Gammy because of a diagnosis of Downs Syndrome.

This article provides an overview of the case and key elements of the law that came into effect soon after.

According to Thailand’s new law:

  • Foreign and same-sex couples are banned from seeking surrogacy services in the country.
  • Only married heterosexuals, with at least one Thai partner are allowed surrogacy.
  • No fees are allowed for the service.
  • Gestational mothers must be Thai, over 25 years old, and related to the intended parents.

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For more background on the Baby Gammy case and international commercial surrogacy in Thailand, read:

Article: Baby Markets and the New Motherhood

Baby Markets and the New Motherhood: Reproducing Hierarchy in Commercial Intimacy
By Michele Goodwin | Huffington Post | May 13, 2015

Excerpt:

huffington post logoIn recent weeks, the private reproductive decisions of Elton John and Sofia Vergara have spilled over into prime time news cycles — albeit by the celebrities themselves. Elton John called for a boycott of all Dolce and Gabbana merchandise after the designers regrettably referred to babies born through in vitro fertilization as “synthetic” children. The swift backlash caused the designers to issue statements of clarification and apology. Elton John’s twitter followers accused D&G of being woefully out of touch — not only with contemporary fashion, but also baby-making. In part, they are right.

According to the Centers for Disease Control (CDC), tens of thousands of children are born each year in the United States through assisted reproductive technologies (ART). These technologies provide a stunning candy store of options: a spectrum so vast in array, scope, and breadth as to make heads spin: in vitro fertilization, ova selling, cryopreservation of ova, womb renting, pre-implantation genetic diagnosis, embryo transfer, assisted hatching, intracytoplasmic sperm injection (ICSI) of ova, embryo grading, and more. However, these technologies are not just for celebrities.

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Michele Goodwin is a law professor at the UC Irvine School of Law. She is also the director of the Center for Biotechnology and Global Health Policy and author of “Baby Markets: Money and The New Politics of Creating Families.”

Article: Baby Traffickers Thriving in Nigeria as Recession Hits

Baby Traffickers Thriving in Nigeria as Recession Hits
By Anamesere Igboeroteonwu and Tom Esslemont | Thomson Reuters Foundation | Oct. 12, 2016

screen-shot-2016-10-25-at-11-26-11-amThis investigative piece builds on an earlier Al Jazeera article on Nigeria’s baby farmers.

In conversation with more than ten Nigerian women, the Reuters team documents their experiences being duped into giving up their newborns to strangers – in houses known as “baby factories” – or being offered children whose origins were unknown. It also describes the use of “studs” (men paid to get women pregnant), and the cultural and political context that is making it hard for the Nigerian government to respond.

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Book: Globalization and Transnational Surrogacy in India

Globalization and Transnational Surrogacy in India: Outsourcing Life
By Sayantani Dasgupta and Shamita Das Dasgupta | Lanham: Lexington Books | 2014
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From the book description:

From computer support and hotel reservations to laboratory results and radiographic interpretations, it seems everything can be ‘outsourced’ in our globalized world. One would not think so with parenthood, however, especially motherhood, as it is a fundamental activity humans have historically preserved as personal and private. In our modern age, however, the advent and accessibility of assisted reproductive technologies (ARTs) and the ease with which they have traversed global borders, has fundamentally altered the meaning of childbearing and parenting.

In the twenty-first century, parenthood is no longer achieved only through gestation, adoption, or traditional surrogacy, but also via assisted reproductive technologies (ARTs), where science and technology play lead roles. Furthermore, in a globalized world economy, where the movement and transfer of people and commodities are increasing to serve the interests of capitalism, gamete donation and surrogate birth can traverse innumerable geographic, socio-economic, racialized, and political borderlands. Thus, reproduction itself can be outsourced.

This edited volume explores one specific aspect of the new assisted reproductive technologies: gestational surrogacy and how its practice is changing the traditional concept of parenthood across the globe. The phenomenon of transnational surrogacy has given rise to a thriving international industry where money is being ‘legally’ exchanged for babies and ‘reproductive labor’ has taken on a lucrative commercial tone. Yet, law, research, and activism are barely aware of this experience and are still playing catch-up with rapidly changing on-the-ground realities. This interdisciplinary collection of essays assuages the dearth of knowledge and addresses significant issues in transnational commercial gestational surrogacy as it takes shape in a peculiar relation between the West (primarily the United States) and India.

More information >

Article: Offshore Babies: The Murky World of Transnational Surrogacy

Offshore Babies: The Murky World of Transnational Surrogacy
By Amel Ahmad | Al Jazeera | Aug. 11, 2014

Excerpt:

al jazeera logoThe case of an Australian couple accused of abandoning their child with his Thai surrogate mother after discovering he had Down syndrome — and taking home his healthy twin — has turned global attention to the murky underworld of international surrogacy.

Such cases have raised ethical and legal dilemmas, which experts say are the inevitable consequences of an unregulated multibillion-dollar industry dependent on impoverished women in developing countries providing a “product” — a child — so desperately wanted by would-be parents in wealthier nations.

In Baby Gammy’s case, which made international headlines this month, the boy’s Australian parents are claiming that the Thai surrogate mother, Pattaramon Chanbua, refused to release the child into their custody and that they lacked the legal right to force her to do so.

This article provides a global overview of laws related to international commercial surrogacy, with a focus on Thailand. It delves into issues specific to the rights of children – such as citizenship and legal parentage – and links to the work being done by the Hague Conference on Private International Law, an intergovernmental organization, on the legal challenges posed by the practice.

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Read a report, Global Surrogacy Practices, published by Marcy Darnovsky and Diane Beeson, summarizing discussions on global surrogacy at the International Forum on Intercountry Adoption and Global Surrogacy, The Hague, August 2014.