Podcast: Birthstory

Birthstory
By Molly Webster | Radiolab, WNYC Studios | Nov. 22, 2015

Birthstory is a collaboration with the radio show and podcast Israel Story, It traces the journey of a gay couple from Israel that travel to Nepal to pick up their surrogacy-delivered children. While there, Nepal is hit by a devastating earthquake, resulting in the controversial decision by the Israeli government to evacuate its citizens – and their children – but leave behind the gestational mothers. The story follows the couple home, their efforts to contact the (two) gestational mothers, and their reactions on hearing how the women have been treated by the agency in between.

Listen to the full podcast >

Book: Being and Being Bought

Being and Being Bought: Prostitution, Surrogacy and the Split Self
by Kajsa Ekis Ekman | Spinifex Press, 2014
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From the publisher:

Grounded in the reality of the violence and abuse inherent in prostitution—and reeling from the death of a friend to prostitution in Spain—Kajsa Ekis Ekman exposes the many lies in the ‘sex work’ scenario. Trade unions aren’t trade unions. Groups for prostituted women are simultaneously groups for brothel owners. And prostitution is always presented from a woman’s point of view. The men who buy sex are left out.

Drawing on Marxist and feminist analyses, Ekis Ekman argues that the Self must be split from the body to make it possible to sell your body without selling yourself. The body becomes sex. Sex becomes a service. The story of the sex worker says: the Split Self is not only possible, it is the ideal.

Turning to the practice of surrogate motherhood, Kajsa Ekis Ekman identifies the same components: that the woman is neither connected to her own body nor to the child she grows in her body and gives birth to. Surrogacy becomes an extended form of prostitution. In this capitalist creation story, the parent is the one who pays. The product sold is not sex but a baby. Ekis Ekman asks: why should this not be called child trafficking?

This brilliant exposé is written with a razor-sharp intellect and disarming wit and will make us look at prostitution and surrogacy and the parallels between them in a new way.

Report: Birthing a Market: Commercial Surrogacy in India

Birthing a Market: Commercial Surrogacy in India
By Sama – Resource Group for Women and Health | India | 2012

Excerpt from the Introduction:

sama - birthing a marketThere is an urgent need to initiate processes for a critical understanding of commercial surrogacy, that has assumed the proportion of a transnational industry towards building a collective, feminist response to it. This requires a strengthening of linkages between academia and activism that builds a perspective on the interaction of market, technology, patriarchy, and hetero-normativity as seen in this practice.

Further, the Draft ART Bill – 2010, prepared by the Indian Council of Medical Research (ICMR), necessitates a parallel process of mobilizing a wider response, particularly because this proposed legislation will be the first of its kind in South Asia, and is a step forward in checking the untrammeled commercialization of ARTs. In its current form, the Bill is hugely lacking in addressing this as well as the disadvantaged position of the surrogate.

Being a part of debates on the regulation of ARTs, which currently flourish in India in the absence of any state regulation, Sama has often been confronted with issues concerning citizenship, surrogates’ payments, and the contract between the surrogate and the commissioning parents.

Given this, Sama initiated the present research to gain insights into the lives of those at the heart of these issues—the surrogates—in order to make visible, and to better understand their perspectives, subjective experiences, and lives. The study scrutinizes the existing practices in the selected sites of research. Foregrounding the surrogate’s position in the arrangement and in the industry, the study examines several complexities regarding the terms of the contract, the multiple institutions and actors involved, their expectations and conditionalities regarding the surrogate pregnancy, medical practices and technological interventions.

Read the full report >

News Program: Outsourcing Embryos

Outsourcing Embryos
VICE on HBO: Season 3, Episode 4 | 2016

Synopsis:

Vice looks at the boom in one of the world’s newest billion-dollar industries: gestational surrogacy. The cost of surrogacy in the US can be over $100,000, leading many prospective parents to look for affordable options in other countries. Gianna Toboni heads to India, where commercial surrogacy is legal, to investigate this growing industry. By exploring some of the country’s 3,000 surrogacy clinics, watching doctors deliver surrogate babies, and following recruiters who find prospective surrogates in the slums, we see the true cost of outsourcing reproduction.

Plus: Read an interview with Vice correspondent Gianna Toboni at New York Magazine > 

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.

Read the full article >

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.

Read the full article >

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.

Read the full article >

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.”

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 >

Study: Gestational Surrogacy

Gestational Surrogacy
By Peter R. Brinsden | Human Reproduction Update (Vol. 9, No.5, 2003, pp. 483 – 491)

From the study’s abstract:

Gestational surrogacy is a treatment option available to women with certain clearly defined medical problems, usually an absent uterus, to help them have their own genetic children. IVF allows the creation of embryos from the gametes of the commissioning couple and subsequent transfer of these embryos to the uterus of a surrogate host. The indications for treatment include absent uterus, recurrent miscarriage, repeated failure of IVF and certain medical conditions. Treatment by gestational surrogacy is straightforward and follows routine IVF procedures for the commissioning mother, with the transfer of fresh or frozen–thawed embryos to the surrogate host. The results of treatment are good, as would be expected from the transfer of embryos derived from young women and transferred to fit, fertile women who are also young. Clinical pregnancy rates achieved in large series are up to 40% per transfer and series have reported 60% of hosts achieving live births. The majority of ethical or legal problems that have arisen out of surrogacy have been from natural or partial surrogacy arrangements. The experience of gestational surrogacy has been largely complication‐free and early results of the follow‐up of children, commissioning couples and surrogates are reassuring. In conclusion, gestational surrogacy arrangements are carried out in a few European countries and in the USA. The results of treatment are satisfactory and the incidence of major ethical or legal complications has been limited. IVF surrogacy is therefore a successful treatment for a small group of women who would otherwise not be able to have their own genetic children.

Read the full study >

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.

Read the full article >

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.